Almagro’s Freshman Year: Bold Actions or Unnecessary Risk?

By Maria Carrasquillo*

Luisito

Photo Credit: Juan Manuel Herrera (OAS)/Flickr/Creative Commons

Secretary General Luis Almagro’s quest to revitalize the Organization of American States (OAS) seems premised on being an “activist” Secretary General in what could be a make-or-break gambit to assert the organization’s hemispheric leadership.  Only 13 months in office, Almagro has taken an approach that is a clear departure from the low-key, consensus-building ways of former Secretary General José Miguel Insulza.  In his 2015 inaugural address, Almagro laid out his plans for the rejuvenation of the OAS, including internal changes to “adapt it to the realities of the 21st century” and “insert [it] into a world different from the one in which it was developed and has grown and operated.”  Almagro underscored the need for the OAS to promote transparent and inclusive elections throughout Latin America and, in regard to democratic governance, “lend a hand to countries that are going through moments of tension and conflict.”

Almagro has taken a number of positions that confirm his desire to redefine the OAS’s role in the region.

  • In 2015, Almagro took the lead in developing a plan to fight corruption in Honduras, resulting in the formation of the Support Mission Against Corruption and Impunity (MACCIH) – a watered-down version of the successful UN-backed CICIG in Guatemala. The jury is still out on whether MACCIH will have a serious impact, but Almagro has staked his reputation on its credibility.
  • He has claimed that the impeachment of Brazilian President Dilma Rousseff lacked sufficient justification and that accusations against her were politically driven. Almagro also called for anticorruption investigations under Operação Lava Jato to continue as essential for the rule of law.
  • Prior to the Peruvian elections, Almagro warned that the disqualification of two candidates reflected unequal application of the law and raised concerns that the contests would be “semi-democratic.” Following a meeting with disqualified frontrunner Julio Gómez, Almagro called for the reinstatement of both candidates’ right to participate in the elections.
  • Perhaps Almagro’s most controversial action has been his attempt to invoke the OAS Democratic Charter against the government of Venezuela, without a finding by the Permanent Council, as required under Article 20 of the Charter, that the situation there amounts to “an unconstitutional alteration of a constitutional regime.” The Permanent Council implicitly rejected his appeal by urging more dialogue between the OAS and Venezuela.  Almagro then sent a strongly worded letter to Venezuelan President Nicolas Maduro accusing him of lying and “betraying his people,” and calling for the release of political prisoners, restoration of legitimate powers to the National Assembly, and a referendum to recall Maduro in 2016. (The Permanent Council is set to discuss the situation in Venezuela again on June 21.)

Almagro has taken on some very difficult issues, and explanations for his motivations are varied but not mutually exclusive.  Some observers perceive a personal embrace of OAS principles, others detect a desire to avoid the sort of U.S. criticism that plagued Insulza and constrained U.S. support and funding, and still others speculate about his future political ambitions as a reformist on the non-radical left of Latin America.  The democratic principles he is defending are clearly enshrined in OAS documents, but his activism has so far not reversed adverse situations: Rousseff was impeached, the Peruvian candidates were forced to sit out the election, and Maduro has yet to soften.  Being an “activist” Secretary General in the case of Venezuela entails great risks; his predecessors were criticized both for getting too directly involved in the country’s internal affairs and for remaining passive in the face of growing authoritarianism in Caracas.  It seems, moreover, as though Almagro has often acted alone, and the tone of his letter to Maduro was uniquely strident.  A great deal is on the line for the OAS.  If Almagro’s activism works, it will enhance the organization’s leadership on a range of issues confronting the hemisphere, but it may also put the OAS in the middle of future conflicts in which failure would bring a loss of institutional credibility. 

June 16, 2016

* Maria Carrasquillo is a recent graduate of the M.A. Program in American University’s School of International Service and a research assistant at the Center for Latin American and Latino Studies.

Brazil: Daring to Look at Succession Scenarios

By Silvio Levcovitz*

Lava Jato

Photo Credits: Instituto Liberal (Brasil) and Brasil 247 / Google Images / Labeled for noncommercial reuse

Brazil’s snowballing scandals are generating a high level of uncertainty regarding the country’s political future.  “Operation Car Wash”—a two-year investigation by a task force of the Federal Police and the Federal Prosecutors—has already led to the conviction and 20-year imprisonment of several senior officials from Petrobras and prominent construction companies, and others are likely to follow.  In Brazil, congressmen, cabinet ministers, and the President can be criminally charged only by the Supreme Court, through a long, difficult process called “privileged forum.”  On March 17, former President Lula, under investigation for allegedly receiving two properties as a bribe from construction companies, was designated a Minister of State in President Dilma Rousseff’s administration, an appointment that would have afforded him that protection.  The judge pursuing him released a recording of a call from Dilma offering him immunity as well as Lula’s calls on family and other private matters.  Many in the Brazilian legal community have disapproved of the judge’s disclosure of the calls as disrespecting the rule of law and the right to privacy, but the damage to Dilma and Lula was done.

Calls for the President’s impeachment are surging—and she repeatedly rejects the pressure to resign.  On Sunday, March 13, a half-million people protested in São Paulo, and the press estimates that another 1-2 million demonstrated elsewhere around the country.  (Demonstrations supporting Dilma have attracted 100,000 citizens in São Paulo.)  The PMDB, party of Vice-President Michel Temer and President of the House Eduardo Cunha, is officially quitting the government this week, and other minor parties appear likely to do the same, definitely cracking the presidential support.  The impeachment process in Brazil has two steps.  In the House, two-thirds of its 513 members (342 votes) are required for “admission” or approval, in which case the Senate can decide by majority vote to take up the charges, resulting in the President being suspended for up to 180 days.  Conviction requires the votes of two thirds of the 81 senators.  Although press reports indicate the mood is for the impeachment, the government is offering positions and funds individually to Congressmen and in hopes of achieving a low turnout to stop the process in the House.

Predicting the outcome of such a volatile situation is inherently risky, but discussion of post-Dilma scenarios is growing increasingly common.  Should she step down or be removed from office, Vice-President Michel Temer would be her constitutional successor.  Like Dilma, however, Temer is being charged by the Superior Electoral Court on suspicion of illegal campaign financing and, if convicted, would not be allowed to take office.  The next two in line to succeed her—President of the House Eduardo Cunha and President of the Senate Renan Calheiros—have been snagged by Operation Car Wash and face charges by the Supreme Court, suggesting that they too could be disqualified.  (The Federal Attorney General has already asked the Supreme Court to issue a preventive order to remove Cunha because of evidence that he has received US$5 million in secret Swiss bank accounts, without any justification.)  That leaves Supreme Court President Ricardo Lewandowski as a possible successor for a maximum period of 90 days, at which point elections would be called.  As Brazil faces crisis after crisis, the press have taken to commenting that the country’s fast-paced, dramatic events make the American series House of Cards look slow and boring. 

March 30, 2016

* Silvio Levcovitz is a CLALS Fellow and political science PhD candidate at the Universidade Estadual de Campinas, São Paulo.  He has been a public lawyer in Brazil and is researching criminal cases of corruption and civil claims of administrative misconduct from 1991 to 2014.