Brazil: Lula’s Conviction and Electoral Reforms Stirring Up Presidential Race

By Paulo Castro*

Large room in with many people at desks

Brazil’s Chamber of Deputies. Presidential candidates’ TV and radio time in the upcoming 2018 election will be proportionally determined by the number of seats they hold in the Chamber. / Edilson Rodrigues / Agência Senado / Flickr / Creative Commons

Already overshadowed by the Lava Jato corruption investigations, Brazil’s preparations for general elections in October are likely to take place amid rising tensions – and perhaps even some violent protests.  Early campaign maneuvering intensified last month when a regional federal court raised obstacles to former President Luiz Inácio “Lula” da Silva’s candidacy, and electoral reforms passed in 2015 promise to fuel further disruption as election day approaches.

  • Lula’s appeal to overturn his conviction on corruption and money laundering charges was rejected by the Regional Federal Court in Porto Alegre (TRF-4). The ruling does not automatically knock him out of the race, but it drastically decreases his chances of running in October.  His best hope at this point lies with the Federal Supreme Court (STF), which has the power to overturn the regional court’s ruling.  This is very unlikely, however, because (i) a recent change in the Supreme Court’s interpretation of the law allows a defendant to be arrested if the original conviction is confirmed ; (ii) STF Chief-Justice Carmen Lúcia, who unilaterally has the power to set the Court’s agenda, has stated clearly that “overturning the Federal Court’s ruling against Lula would undermine the Supreme Court”; and (iii) the Clean Record Act (Lei da Ficha Limpa) prevents candidates from running for public office for eight years if they have been convicted by a second instance court such as the TRF-4.
  • The campaign climate is also affected by changes brought about by the electoral reforms of 2015, which reduced the campaign period from 90 to 45 days (with TV/radio time reduced from 45 to 35 days) and barred corporate donations to campaigns. These changes are likely to shift the balance in favor of traditional political leaders who already have national name recognition and have more influence inside their parties to get the few resources available.

Lula’s likely disqualification and the reforms have thrown the parties, especially his Workers Party (PT), into uncharted territory.  After 30 years of internal deal-making with his “mystical” name at the center, the PT will have to produce new political leaders and policy platforms.  For all parties, reduced financial resources and less TV time will increase the role of “politics as usual.”

  • TV and radio time is allocated in proportion to the parties’ representation in the Lower House of Congress, so candidates will need a strong party’s support to build a competitive candidacy. This suggests that the rise in the polls of Jair Bolsonaro – an Army reservist and congressman with a penchant for populist, authoritarian rhetoric – doesn’t necessarily make him a strong candidate; the small party under whose banner he’s running controls only 3 of 513 seats in the Chamber of Deputies. The center and center-right parties, such as PMDB and PSDB, will also have an advantage because in 2016 they elected the highest number of mayors, who can bring additional resources to bear.

 The final outcome of the Lula case and implementation of the reforms could ignite further political instability.  Lula’s arrest could very well spark a new wave of demonstrations, with possible violence.  Lacking resources, Bolsonaro – who has already advocated military intervention in civilian political affairs – will try to rally right-wing groups behind his candidacy.  Combined, these opposing movements create a dangerous political landscape that brings both sides of the spectrum to doubt the capacity of democratic institutions.  A recent survey by Latinobarometro already shows that only 13 percent of Brazilians are pleased with the current state of their democracy.  Perceptions that the Judiciary has been excessive in the Lula case and that election laws have only empowered traditional (and corrupt) forces are likely to feed into the sort of authoritarian rhetoric Bolsonaro espouses and cause turmoil that harms the overall confidence on Brazil’s democracy.

February 9, 2018

* Paulo Castro is Ph.D. Candidate in Political Science at the University of Brasilia, where he is focusing on the political actions of the Brazilian Supremo Tribunal Federal.  He has worked as an advisor and analyst in the Ministry of Justice and private sector organizations.  He is also a CLALS Research Fellow.

Costa Rica: Anything is Possible in Upcoming Elections

By Carlos Malamud*

Two boring men look out into space

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

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

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

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

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

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

January 25, 2018

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

The OAS and the Honduran Election Crisis

By Stefano Palestini Céspedes*

One man stands at a podium while another sits at a table

Honduran President Juan Orlando Hernández (left) and OAS Secretary General Luis Almagro (right) at an OAS meeting last year. / Juan Manuel Herrera / OAS / Flickr / Creative Commons

OAS Secretary General Luis Almagro – consistent with his mandate and commitment to protect democracy throughout the hemisphere – has challenged the legitimacy of the Honduran presidential election, but member countries’ failure to embrace his call for new elections could undermine his leadership and the credibility of OAS democracy protection instruments.  Almagro so far stands out as the only international actor exerting pressure on the Honduran government to guarantee free and fair elections after the serious irregularities observed on November 26.

  • On December 4, the OAS Electoral Observation Mission’s preliminary report established that the electoral process was characterized by irregularities and deficiencies, with low technical quality, and lacking integrity. Two days later, Almagro issued a statement concluding no winner could be determined and calling for the lifting of Honduran government measures that suspended the civil and political rights of Hondurans.
  • On December 17 – the same day the Honduran Electoral Tribunal proclaimed President Juan Orlando Hernández the winner in the election – the Observation Mission issued a second report documenting concerns about the electoral process The Secretary General then called for new elections, and appointed special representatives to set out the new electoral process and the process of national reconciliation in Honduras.

The Honduran government’s rejection of the OAS actions has hardened, apparently emboldened by the fact that no other international actor has backed Almagro’s call for new elections.  In an official communique, Tegucigalpa rejected Almagro’s initiative to send a special representative; claimed the Secretary General had exceeded his authority; and accused him of jeopardizing the autonomy of the Electoral Mission and inciting the polarization of the Honduran population.  In this way, Hernández, initially a strong supporter of OAS democracy protection efforts in Venezuela, now fends off the organization with arguments that recall those employed by Maduro’s government.

  • President Hernández seems to expect that he will overcome all challenges. He apparently believes the internal discontent, which has included peaceful demonstrations involving thousands of protesters, will cool down, and the opposition and angry citizens will come to terms with his reelection.  He must be pleased, moreover, that Washington has endorsed his supposed victory, and that no other international actor has backed Almagro’s call for new elections.  The European Union electoral mission dropped its initial complaints about the election.  Colombia, Mexico, Guatemala, and others have congratulated Hernández on his reelection.

The burden now falls on the OAS Permanent Council and the OAS member states whether to support their Secretary General’s efforts to reestablish democratic order in Honduras.  After the failed attempts to come up with a collective response in Venezuela, the electoral crisis in Honduras represents a new test for the credibility of American states’ commitment to multilateral democracy protection.  If a majority of OAS member states do not support the call for new elections and accept the results of November 26, the signal would be that they trust neither the OAS electoral mission nor the Secretary General.  This would be a new erosion in OAS legitimacy as an international organization and could even prompt the Secretary General to resign.  As Latin America enters a “super electoral cycle” this year – with elections in Costa Rica, Paraguay, Colombia, Mexico, Brazil, and possibly Venezuela – the management of the crisis in Honduras will have crucial, demonstrative effects on how tolerant the hemispheric community will be with breaches to the quintessential democratic institution: fair and free elections.

January 16, 2018

* Stefano Palestini Céspedes is a former CLALS Research Fellow and Postdoctoral Fellow at the Department of Political and Social Sciences at the Freie Universität Berlin, where he specializes in international organizations and regional governance.

Argentina: Excessive Optimism?

By Nicolás Comini*

Man delivers a speech on an airfield.

Argentine President Mauricio Macri. / Cancillería del Ecuador / Flickr / Creative Commons

Argentine President Macri’s Cambiemos coalition won an overwhelming victory in last month’s legislative elections – a step toward fulfilling his 2015 promise of a “revolution of joy” – but it’s not clear yet whether the administration’s optimism translates into national hope.  The coalition won in 15 of the 24 provinces of the country, including the five largest jurisdictions – the City of Buenos Aires, Buenos Aires, Córdoba, Mendoza, and Santa Fe.  Government officials and Macri’s supporters have expressed optimism that the economy will turn around and political confrontation will be overcome.  Macri won the presidency in 2015 with an alliance that made optimism – and the appearance of optimism – a central theme for overcoming what he called the polarization generated by his predecessor, former President Cristina Fernández.  His discourse was rooted in the ideas of change, happiness, efficiency, and meritocracy.

  • Even critics acknowledge that the government has generated innovation in terms of political discourse and representation, rooted in a greater horizontality of leadership and greater citizen access to public officials. News of some officials’ questionable business practices as revealed in the “Panama Papers” and “Paradise Papers” has caused little or no backlash.  Second, the idea of “normalization” of the country, supported by the media, has had a positive impact on part of society.  GDP growth at almost 3 percent this year and the lifting of exchange controls and imports have also buttressed this theme.  The unfavorable trade balance, with a deficit of US$765 million in 2017, has not been a factor.  Third, the government is still able to blame the country’s problems – including high levels of inflation and indebtedness – on the “received inheritance” from his predecessors, whose rule implied corruption, social polarization, and isolation from the world.
  • Rejection of the legacy of Cristina Fernández and her husband/predecessor, Néstor Kirchner, also seems to be one of the Macri government’s greatest assets. Even though Cristina is the most popular candidate in the opposition, her rejection among the broader population is greater; many of the votes that the government’s allies garnered were “anti-Kirchner” votes.  Cristina won a seat in the Senate, but in national politics, there’s a growing sentiment of “anyone but Cristina,” while a civil war simmers within the ranks of her Peronista base.  The political rise of Macri ally María Eugenia Vidal as governor of the Province of Buenos Aires – historic bastion of Peronismo and the country’s main electoral district – attests to these troubles.

Macri’s gains indicate a significant strengthening of the government, which is key to the reform package that the administration launched almost immediately after the election.  Proposals include aggressive changes in tax and labor matters.  While the tax reform has triggered battles with some large corporations, such as Coca-Cola, that will pay higher taxes, the labor reform has broad support from employers.  The latter faces strong resistance from a large part of society and, above all, of the union and opposition sectors, who fear that it, similar to one already carried out in Brazil, will contribute to job insecurity.  Macri’s increasingly forceful discourse on reducing public employment has also raised concerns despite his assurances that reducing state structures will help create private-sector jobs.

British theorist Terry Eagleton has said that an optimist is someone who thinks that things will improve even if there are no reasons for it.  The optimism of the government and its supporters is as easy to understand – there are some clear reasons for it – as it is palpable.  Macri has a strong government in a Latin America plagued by weak governments.  He not only has power in parliament; the country’s large corporations, mass media, security forces and, of course, an important part of the people are also behind him.  But Argentina is accustomed to living in cycles.  Expecting that in Argentina one or two or even three electoral victories will produce a durable revolution and fundamentally change those cycles, as the current government’s rhetoric suggests, may not be warranted by the facts.  Each administration usually assumes that the previous one did things absolutely wrong, and they will do better this time.  But this kind of impulse has an expiration date.  Joy and good vibes can have a positive impact on a society’s feelings about itself, but a real lasting solution will require addressing the underlying causes of the country’s polarization, poverty, and exclusion.  This implies, above all, state policies and continuity through different administrations.

November 15, 2017

* Nicolás Comini is Director of the Bachelor and Master Programs in International Relations at the Universidad del Salvador (Buenos Aires) and Professor at the New York University-Buenos Aires. He was Research Fellow at CLALS.

Chile: Election Likely to Show Big Political Shifts

By Kenneth Roberts and Eduardo Silva*

A presidential candidate stands in front of a crowd and a large Chilean flag

Ex-president Sebastián Piñera addresses his supporters at a campaign rally last month. / Twitter: @sebastianpinera

Chilean politics in the run-up to national presidential and legislative elections on November 19 have revealed that – within major lines of continuity – significant changes in the political alignments that have structured the country’s democracy since the end of the Pinochet dictatorship in 1990 are taking place.

  • Continuity is most pronounced on the conservative side of the political spectrum, where the two main conservative parties, Renovación Nacional (RN) and Unión Demócrata Independiente (UDI), have joined forces with smaller parties to sponsor the presidential candidacy of billionaire business mogul and former President Sebastián Piñera. In public opinion surveys of voter intentions, Piñera has maintained a healthy lead over a collection of centrist and leftist candidates.  He appears likely to come out on top in the first round of voting – and significant abstention (if fewer than 5.5 million registered voters vote) could push him over the top.  If he is forced into a run-off, the final outcome will rest heavily on the ability of his opponents in the divided center-left bloc to coalesce forces.
  • The center-left space is where most change is concentrated. The core parties in the Nueva Mayoría coalition that backed incumbent Socialist President Michelle Bachelet have won five of Chile’s six presidential elections since the transition to democracy in 1990.  For the first time, however, the main centrist party, the Partido Demócrata Cristiano (PDC), has opted out of the alliance to run its own candidate, Senator Carolina Goic.  With Goic languishing in the polls, however, the primary challengers to Piñera are located further to the left, including the Nueva Mayoría’s favorite, Senator Alejandro Guillier.  Although early speculation pegged him as an outsider, he is now firmly identified with the moderate reformist left and represents continuity with the current government.

A new left-leaning group, the Frente Amplio, has nominated Beatriz Sánchez, an independent journalist.  She arguably represents a larger challenge to the status quo, as her candidacy gives political expression to social actors who are sharply critical of Chile’s political establishment and the neoliberal economic model.  Even though the Broad Front’s electoral strength is untested, it brings together a number of small parties alienated from Nueva Mayoría and inspired by Chile’s massive student protest movement and other activist networks that have mobilized around labor, environmental, and pension reform issues in recent years.  Sánchez favors more redistributive taxation and greater state intervention in strategic enterprises and utilities, as well as in water property rights and forestry where social conflict has been high.  She is also for replacing the private pensions system with a mixed public-private one and getting private banking out of the student loan business.

This election will likely show that the broad center-left coalition that dominated Chilean politics since the 1990 transition has effectively splintered, with the Christian Democrats seeking to carve out an independent space in the political center and a movement-based alternative emerging on the mainstream parties’ left flank.  Uniting such disparate forces to compete against Piñera in a run-off election, should one be required, will clearly be a formidable task.  Nueva Mayoría candidate Alejandro Guillier, considered the strongest run-off candidate to take on Piñera, is already in conversation with Christian Democrats and Sánchez’s Frente Amplio.  In a run-off, he is thought likely to get around 60 percent of the Christian Democratic vote, with more conservative Christian Democrats voting for Piñera.  His appeal to Frente Amplio voters could suffer because of their unhappiness with Nueva Mayoría.

  •  The specter of high abstention looms large for second-round voting, too. President Bachelet’s low approval ratings for most of her second term in office, although recently reversed, signaled low enthusiasm despite her successful pushing through a series of major reforms, including a reform of the electoral law to enhance proportional representation, a tax reform to increase revenues for social programs, the initiation of free university education for low-income students, and a much-debated law to legalize abortions in limited circumstances.  Last, but not least, mainstream parties across the board have been weakened by a series of corruption and campaign finance scandals, leaving many citizens alienated from parties.

November 2, 2017

*Eduardo Silva is Professor of Political Science at Tulane University, and Kenneth Roberts is Professor of Government at Cornell University.

Nicaragua: Protest Abstention, Dedazos and Electoral Farce

By Kenneth M. Coleman*

A group of people holding Nicaraguan flags and banners protest outside

Organized by the Sandinista dissident group Movimiento Renovador Sandinista (MRS), protesters took to the streets last year ahead of the general elections to demand recognition of their party, and free and open elections. Many members of MRS will abstain from voting in the upcoming elections. / MRS / Flickr / Creative Commons

The surge in protest abstentionism in Nicaragua’s presidential election last November appears likely to worsen in elections this November 5 – undermining the legitimacy of the Daniel Ortega government but not threatening its control.  The  Supreme Electoral Council, dominated by the ruling Sandinista Party (FSLN), proclaimed that 68 percent of the registered electorate had voted last November 6, but two more credible estimates – that of independent observers (closer to 30 percent) and post-election public opinion polls (50 percent) indicated a much lower turnout.  Non-voters come in at least two variants: the disinterested, disengaged, and poorly informed; and protest abstainers.  The evidence points to the latter reason.

  • Critics of the now-autocratic FSLN had nowhere meaningful to go electorally. In June 2016, the FSLN-controlled Supreme Court of Justice (CSJ) withdrew recognition of the Partido Liberal Independiente (PLI) from Eduardo Montealegre, a prior presidential nominee who had finished second to Daniel Ortega in 2006, and recognized Pedro Reyes, a political non-entity soon booted from party leadership.  Years before, in 2008, the government withdrew recognition from the Movimiento Renovador Sandinista, which included most of the well-known Sandinista dissidents (including author Sergio Ramírez, once Daniel Ortega’s Vice President, and several surviving members of the Sandinistas’ original nine-person National Directorate).
  • Focus groups organized by scholars at Florida International University (FIU) and follow up studies confirmed high abstention rates driven by unhappiness with the election. Interviewees said, for example, “There was no candidate who fulfilled my expectations for making the country better … none … capable of taking the country forward.”

Protest abstentionism appears likely to be equally high or even higher in the municipal elections on November 5, reflecting frustration from an unexpected source:  loyal Sandinistas opposing the imposition of candidates by President Daniel Ortega, and his wife and vice president, Rosario Murillo.  Adapting Mexican political discourse, many FSLN nominees for mayors, vice-mayors, and municipal councilors are now criticized as representing dedazos, candidates “fingered” from above.  Two unhappy Sandinistas told the opposition paper Confidencial on August 29 of their discontent.  “It hurts me … but that is what [the party] has left me… not to vote in the municipal elections,” said one in Masaya.  “They didn’t take the party loyalists into account [in picking candidates], so the party loyalists will not take the party into account in the elections in November,” said a former FSLN supporter in Corinto.

  • Associates of the old PLI, reconstituted as Ciudadanos por Libertad (CxL), have been granted legal registration – and intend to compete as long as the Organization of American States observes the elections. The OAS role remains unclear, however, prompting the initial CxL candidate for Mayor of Managua to resign his candidacy earlier this month.

What the opposition proclaimed an “electoral farce” last November seems likely to be repeated on November 5.  Ortega has taken steps to allow “same-day registration” of voters on election day – apparently to counter abstentionism – and recent reports of distributing cédulas (national identity cards necessary for voting) to minors have surfaced in La Prensa, presumably also with an intent to increase electoral turnout.  However, anger over dedazos may be deep enough to keep many members of the FSLN away from the polls.  In spite of high abstention levels, the Ortega family enjoys control over all branches of government – National Assembly, Judiciary, and Electoral Council – and continues to enjoy an implicit corporatist accord with COSEP, the leading business organization, while having long proven adept at undermining potentially competitive leaders.  Overreaching via the dedazos may have caused visible cracks in the partisan foundation of the dynasty – strengthening party dissidents’ portrayal of Daniel and Rosario as usurpers – but no leader capable of undermining their grip over governmental structures is yet visible or appears likely to emerge in the near term.

September 18, 2017

* Kenneth M. Coleman is a political scientist at the Association of American Universities who directed the 2014 AmericasBarometer national survey in Nicaragua.

Macri in the Next 100 Days

By Nicolás Comini*

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Argentine President Mauricio Macri. / Casa de América / Flickr / Creative Commons

Everybody seems to love President Mauricio Macri outside Argentina – it’s not hard to understand why – but he faces tough challenges at home.  Foreign supporters have plenty of reasons to believe in him.  First, he is not Cristina Fernández de Kirchner, the former president whom they branded a populist too close to Venezuela, Bolivia, or Ecuador.  Like many conservatives inside Argentina itself, they see Macri as the person who avoided the “Venezuelization” of the country, and his market-friendly credentials were sealed through his campaign promise of a “rain of investment” and his government’s implementation of a package of measures aimed at financial liberalization, regulatory flexibility, liberalization of foreign trade, and stronger fiscal discipline.  He has been less confrontational in diplomacy.  “Return to the world,” “de-ideologization,” “pragmatism,” and “transparency” are the continuous slogans that draw the foreign accolades.

Things look different at home, however.  The federal government confronts a convoluted scenario in the next 100 days, during which it will face at least three sets of sensitive issues in the run-up to Legislative primaries in August and elections in October.

  • Domestic issues. The government will have to deal with a hostile internal front.  One challenge will be resolving a long-running pay dispute with teacher unions – especially in the province of Buenos Aires.  Another is quelling complaints about steep increases in the costs of government services and deep slashes in funding for Science and Technology, Culture, Human Rights, Health, Production, and Energy.  Macri’s failure to meet inflation reduction targets (prices rose by 40 percent in 2016); the need to stimulate the economy; and debates on tax reform are a daunting agenda.
  • Controversy over human rights and immigration. One of the Achilles’ heels of the current administration is the imprisonment of social activist Milagro Sala in the northwestern province of Jujuy.  An ally of former President Fernández de Kirchner, Sala was arrested in January 2016 – one month after Macri took office – on highly contested charges: initially of “instigate criminal activity disorder” and later of “illicit association, fraud, and extortion.”  Pope Francis, Canadian Prime Minister Trudeau, and UN officials have expressed concern, fueling tensions inside Argentina.  An immigration reform decree facilitating deportations and restricting access at border crossings has been rejected by social movements, international organizations, and much of the Argentine political opposition.  The repudiation is not only felt in the formal political arena but also on the streets.
  • External dynamics with internal consequences. Brazil’s Lava Jato scandal is splashing as much onto Macri’s government as his predecessor’s.  Officials from both administrations are being accused of receiving bribes from Odebrecht, the largest Brazilian construction company, and no one knows how this process will develop hereafter.  Congresswoman and Macri ally Elisa Carrió claims the whole political elite is complicit in the Odebrecht mess.  The “Panama Papers” – leaked from the law firm Mossack Fonseca, which allegedly was involved in helping companies hide bribes paid to a number of South American leaders – has so far not touched Macri, whose family has links to firms cited in the documents.

The August primaries, followed by full legislative elections in October, are a potential inflection point for both Macri and his opponents.  Neither side has yet announced its slate of candidates, but one essential factor is already clear: the candidacy (or not) of Cristina Fernández de Kirchner.  The primary election will define how the pieces of the political chessboard are placed, and Macri’s handling of his economic, political, and social challenges will be decisive.  Achievement of his reform agenda – including the overhauling the National Institute of Statistics and Census (INDEC, accused of cooking data during previous governments), an ambitious “Plan Belgrano” infrastructure program, and the end of currency controls – may not be enough.  The potential reunification of his key Peronist opponents, increased social unrest, splits in his own coalition, and the spillover from the Brazilian crisis suggest a sobering future.  True love cannot be achieved from one day to the next, but in the domestic political arena it is simple to lose it suddenly.

June 8, 2017

* Nicolás Comini is Research Fellow at CLALS; Director of the Bachelor and Master Programs in International Relations (Universidad del Salvador, Argentina); and Professor at the New York University-Buenos Aires.

Brazil: The Day after Temer

By Marcio Cunha Filho*

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Demonstrators in São Paulo demanded the resignation of Brazilian President Temer on May 17, 2017. / Mídia NINJA / Flickr / Creative Commons

Brazil’s political turmoil has reached new heights with the leaking of audio recordings of President Temer allegedly authorizing bribes to prevent the former Speaker of the House, Eduardo Cunha, from concluding a plea bargain arrangement with investigators.  Although the recordings were inconclusive and Temer alleges that they were fabricated, their emergence was enough to push an already fragile government to the verge of collapse in less than 24 hours.  The day after the leak, according to press reports, four of Temer’s ministers were already discussing his replacement at a closed meeting with current Speaker of the House Rodrigo Maia, who is the next in line for succession. Some parties, such as the PPS, have already left Temer’s coalition. The PSDB, Brazil’s largest center-right party and Temer’s main coalition partner, is also discussing a possible withdrawal from government.  (The party’s former President and one of Temer’s closest allies, Senator Aécio Neves, was removed from office by a Supreme Court decision as part of Operation Car Wash.  (See here and here for previous articles about the Lava Jato investigations.)

  • Temer has denied the possibility of resigning, but there are a few ways he could be forcefully removed from office. Most observers argue that, however he departs, the Constitution would require his successor to be indirectly elected by Congress within 30 days.  Others posit, however, that if the Superior Electoral Court condemns Dilma and Temer together for illicit funding in the 2014 Presidential campaign – the trial is in early June and is likely to be the fastest possible way to remove Temer – then the electoral code dictates that new direct popular elections be held (as long as annulment is not declared within the last six months of their term, which ends in December 2018).
  • Key political actors seem to be favoring the scenario in which Congress indirectly elects the successor. Although very fragmented, the Brazilian Congress is mostly conservative or right-leaning, and many of its members fear that former President Luis Inácio Lula da Silva, who polls currently indicate would easily defeat any other candidate, might be elected in a popular election.

In this context, indirect election would put Brazil’s political system on the very edge of legality.  During a similar crisis in 1964, Congress’s ousted left-wing acting Vice President João Goulart and elected another itself, without popular approval, in an act almost universally seen today as illegal.  That act ended up throwing Brazil into a violent military dictatorship that lasted for more than two decades.  In the current political crisis, if Congress were to act against the current rules of the electoral code and without popular approval, this could again be another step towards the establishment of an illegal regime, which could further curtail accountability and democratic mechanisms in the country.  Placing the destiny of the country in the hands of a Congress, with many of its members under investigation themselves, might be a mistake with profound consequences.  Popular elections would also entail great uncertainty as well, but the uncertainty of elections is an inherent element of democratic systems.  When political actors try to limit or manipulate electoral outcomes in the name of predictability or security, this is when democracy dies.

May 19, 2017

* Marcio Cunha Filho is a Ph.D. candidate at the University of Brasília; federal auditor in Brazil’s Office of the Comptroller General; and CLALS Research Fellow.

Ecuador: Moreno’s Victory Probably Not Enough

By John Polga-Hecimovich*

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President-elect Lenín Moreno at a meeting to discuss the presidential transition in April 2017. / Agencia Noticias ANDES / Flickr / Creative Commons

President-elect Lenín Moreno’s narrow victory and modest legislative majority fall short of what he needs to push his costly leftist agenda while simultaneously bridging deep socio-political divisions and struggling with vexing economic challenges.  Moreno, of the ruling Alianza PAIS, narrowly defeated Guillermo Lasso of the CREO movement, 51.16 to 48.84 percent, in Ecuador’s presidential runoff election on April 2.  As a referendum on outgoing president Rafael Correa and his “Citizen’s Revolution,” the election marks a victory for Latin America’s ideological left after setbacks in Argentina, Brazil, and Peru.  The splintered opposition vote largely coalesced behind Lasso’s candidacy – he earned only 28.09 percent in the first round – but an uneven electoral playing field (including support from state-run media and Correa’s deployment of thugs to intimidate Lasso supporters) and his affiliation with the banking crisis of 1999 appear to have hurt him.

  • The incoming government appears committed to continuing Correa’s economic and social policies. Moreno is reassembling many of the further left members of Correa’s team for his own government, including powerful ex-ministers Fander Falconí and María Belén Moncayo.  Although he is more rhetorically moderate than his predecessor, Moreno is an avowed socialist.  As a young man, he was a member of the fringe Marxist-Leninist Revolutionary Left Movement, and as president-elect he has already promised an additional US$2 billion on top of the government’s already unsustainable social spending.  At the same time, Moreno has adopted a more conciliatory tone with the United States than Correa and has already made overtures to social movement leaders that had fallen afoul of the outgoing president.

Although Moreno will enjoy a legislative majority, he is taking office under difficult political and economic circumstances that will test his leadership.  The outgoing government’s politicization of public agencies like the National Electoral Council (CNE) has hurt the president-elect’s legitimacy.  The slim difference in the vote spawned protests outside the CNE in Quito by mostly middle-class members of the opposition.  What is more, despite assurances from the Organization of American States (OAS) and the local NGO Participación Ciudadana that the final vote closely aligned to their internal quick counts, a number of opposition voices maintain that there was electoral fraud. There are more challenges:

  • In the National Assembly, Moreno and his party won 54 percent of the seats (74 of 137) with just 39 percent of popular support due to clever districting and a seat allocation formula that favors large parties. Although this provides for unified government in a constitutional environment that can harshly penalize legislative gridlock, it is also disproportional to the popular support for the party.
  • Moreover, Moreno’s majority may also be more illusory than it appears. As many as 24 of Alianza PAIS’s 74 legislators, 32 percent of the movement’s total seats, were elected via electoral alliance between PAIS and a different party: seven from the Ecuadorian Socialist Party and the remainder from a panoply of inchoate provincial-level movements.  These legislators’ support for PAIS is not guaranteed.

Maintaining his heterogeneous alliance in a country with notoriously high levels of party switching will require a great deal of negotiating skill and flexibility of the inexperienced Moreno.  He possesses limited policymaking options to confront an unviable fiscal situation – the deficit doubled in 2016 – and economic slowdown – according to the IMF, the economy contracted by 2.2 percent in 2016 and is expected to decrease by an additional 1.6 percent in 2017 – and an overvalued currency in real terms.  The Moreno administration confronts the unenviable task of continuing and even expanding an economically costly political project in the midst of fiscal constraints, a fragile political majority, and a limited popular mandate among deep social divisions.  Less daunting situations have felled more experienced leaders in Ecuador’s history.

May 8, 2017

*John Polga-Hecimovich is an Assistant Professor of Political Science at the US Naval Academy.  The views expressed in this article are solely those of the author and do not represent the views of or endorsement by the Naval Academy, the Department of the Navy, the Department of Defense, or the US government.

Bolivia’s Remarkable Political Stability

By Miguel Centellas*

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Political slogans in support of Bolivian President Evo Morales and his MAS party (Movement for Socialism), calling for “500 more years” of their rule. / Francoise Gaujour / Flickr / Creative Commons

In the 11 years since he was first elected president of Bolivia, Evo Morales has delivered remarkable stability and progress even though his drive for power still concerns many opponents.  Along with Venezuela’s Hugo Chávez and Ecuador’s Rafael Correa, he was labelled by some observers as part of the “irresponsible” or “populist” left – in contrast to more “social democratic” leftists like Brazil’s Lula da Silva or Chile’s Michelle Bachelet.  The “populists” were also widely criticized for weakening and playing loose with democratic institutions and for authoritarian practices associated with the region’s caudillo legacy.  But Morales’ course has neither followed Venezuela’s, whose populist regime lies in ruins with no clear exit strategy; nor Ecuador’s, which looks set to accept a peaceful transition of power to the opposition later this year.  Bolivia appears to have reached a sort of political equilibrium.

  • Despite charged economic rhetoric and his championing of leftist socioeconomic policies, Morales has pursued prudent, conservative macroeconomic policies. Bolivia has carefully increased its reserves from a little over $3 billion in 2006 to more than $15 billion by 2014.  As of 2015 reserves amounted to 40 percent of GDP.  At the same time, the GDP has grown from just over $8 billion in 2000 to nearly $33 billion by 2015, with GDP per capita (PPP) nearly doubling from $3,497 to $6,954 in the same time span.
  • Morales’s signature socioeconomic reforms borrow from the “responsible” leftist models, rather than the vertical chavista model. He has created cash transfer programs similar to those used successfully in Mexico and Brazil.  These bonos, including some created by Gonzalo Sánchez de Lozada, provide unconditional cash for pensions, pre- and post-natal care, and education.  While this spending pales in comparison to “megaprojects” such as highways and soccer stadiums, it goes directly to Bolivian households – with obvious political benefit for the Morales government and clear, direct benefits to average Bolivians.
  • The new constitution adopted in 2009 – a product of compromise between Morales and the regionalist opposition – radically decentralized state structure, satisfying opponents’ desire for significant space at the local level. The eastern lowland regionalist opposition can regularly count on winning governorships in Santa Cruz, Beni, and Tarija, while middle-class, liberal opponents win in the major cities of La Paz, Cochabamba, Potosí, and now even El Alto.  This diffuses political conflicts and prevents the consolidation of unified opposition.  Conflict between the central state and regionalists continues, but it has become routinized and therefore has stabilized.
  • The electoral court, elevated to be a “branch” of government in the 2009 constitution, has remained largely impartial, maintained its political independence, and significantly improved its capabilities – increasing Bolivians’ trust in the legitimacy of elections. A referendum last year, rejecting a constitutional reform that would allow Morales to run for another term in 2019, was managed competently and (for the most part) fairly.

Not all is well, however.  Despite losing the referendum, Morales and his MAS party made clear that he intends to find a way to run for reelection yet again in 2019.  The opposition’s concerns about his authoritarian tendencies are not wholly exaggerated.  Indeed, the government frequently lashes out at its perceived enemies in ways that go well beyond the niceties of democratic adversarial politics.  Likewise, there are clear signs that corruption remains deeply rooted within the government.  But none of this contradicts what seems obvious: The MAS government has brought relative prosperity and stability – even fueling optimism that if (or when) it steps down, its transition may be more like the one that Ecuador appears likely to experience later this year than the meltdown that is tearing apart Venezuela.

March 23, 2017

* Miguel Centellas teaches political sociology at the University of Mississippi’s Croft Institute for International Studies and has written extensively on Bolivian electoral and subnational politics.  He also co-directs an interdisciplinary summer field school based in La Paz.