Nicaragua: Shirking Obligations on Gender-based Violence

By Pamela Neumann*

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March against violence in Managua, November 2014. Oxfam en Nicaragua / Flickr / Creative Commons

Recent actions by the Nicaraguan government directly conflict with its obligations under accords on gender-based violence, but regional mechanisms, including the OAS, have not been effective at holding Managua to account. The 1994 Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará), which Nicaragua ratified in 1995, defines violence against women as any act of physical, sexual, or psychological violence occurring in either the public or private sphere (Article I, III) and obligated state signatories to establish fair and effective legal procedures to address crimes against women (Article VII). The Convention also stipulated that States report steps taken to prevent and prohibit gender-based violence (Article X). In 2004, the OAS introduced a Follow-up Mechanism (MESECVI) to provide additional technical assistance and more closely monitor state actions.

Nicaragua has not submitted information to MESECVI since 2008, and its performance has become even more problematic in subsequent years. In 2012, the government passed a comprehensive law on gender-based violence (Law 779), which significantly advanced women’s legal rights and protections. Over the last three years, however, the law has been substantially undermined by legislative reforms and executive decrees. For example, mediation, an informal practice police historically used to resolve cases, was first eliminated and then reinstated. Mediation puts women’s lives at significant risk because there are no legal consequences for violating the non-binding agreements it produces. In addition, beginning in 2014, women seeking to file a legal complaint for gender-based violence were sent to neighborhood councils or the Ministry of the Family for counseling instead. Police units charged with handling domestic violence cases have been closed for over a year.

The OAS has been leaning hard on Nicaragua to address threats to its electoral process – forging an agreement last month allowing the OAS to send a team to observe municipal elections in November – but its performance as arbiter of signatories’ adherence to the Belém do Pará Convention has been less effective. The convention’s enforcement mechanisms are limited; the main recourse that individuals or organizations have is to submit a petition to the Inter-American Commission on Human Rights, which can forward it to the Inter-American Court of Human Rights (IACHR). But action is inhibited by the stipulation that cases are only admissible when “remedies under domestic law have been pursued and exhausted” and because current regional agreements do not allow for any specific OAS-IACHR action to be taken on the basis of legislative action or inaction. The OAS’s existing instruments, moreover, put the burden on individual aggrieved parties to demonstrate the state’s intentional complicity in denying women due process. This requires showing evidence of state officials actively impeding one particular investigation or engaging in violent acts themselves. Numerous studies, including my own research, have shown that such behavior is in fact ubiquitous, but less than 1 percent of cases even make it to trial. Despite good intentions, the legal remedies afforded by the OAS tend to individualize and privatize the problem of gender-based violence – and the Nicaraguan government is not being held accountable for its failure to prevent or punish fundamental violations of women’s human rights.

March 30, 2017

*Pamela Neumann is a Post-Doctoral Fellow at the Stone Center for Latin American Studies, Tulane University.

2017: Happy New Year in Latin America?

By Eric Hershberg and Fulton Armstrong

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Brazilian President Michel Temer surrounded by members of his party in mid-2016. His government will continue to face questions of legitimacy in 2017. / Valter Campanato / Agência Brasil / Wikimedia / Creative Commons

The year 2016 laid down a series of challenges for Latin America in the new year – not the least of which will be adapting to a radically different administration in Washington.  Last year saw some important achievements, including an elusive peace agreement in Colombia ending the region’s oldest insurgency.  Several countries shifted politically, eroding the “pink tide” that affected much of the region over the past decade or so, but the durability and legitimacy of the ensuing administrations will hinge on their capacity to achieve policy successes that improve the well-being of the citizenry.  The legitimacy of Brazil’s change of government remains highly contested.  Except in Venezuela, where President Maduro clung to power by an ever-fraying thread, the left-leaning ALBA countries remained largely stable, but the hollowing out of democratic institutions in those settings is a cause for legitimate concern.  Across Latin America and the Caribbean, internal challenges, uncertainties in the world economy, and potentially large shifts in U.S. policy make straight-line predictions for 2017 risky.

  • Latin America’s two largest countries are in a tailspin. The full impact of Brazil’s political and economic crises has yet to be fully felt in and outside the country.  President Dilma’s impeachment and continuing revelations of corruption among the new ruling party and its allies have left the continent’s biggest country badly damaged, with profound implications that extend well beyond its borders.  Mexican President Peña Nieto saw his authority steadily diminish throughout the course of the past year, unable to deal with (and by some accounts complicit in) the most fundamental issues of violence, such as the disappearance of 43 students in 2014.  The reform agenda he promised has fizzled, and looking ahead he faces a long period as a lame duck – elections are not scheduled until mid-2018.
  • The “Northern Triangle” of Central America lurches from crisis to crisis. As violence and crime tears his country apart, Honduran President Hernández has devoted his energies to legalizing his efforts to gain a second term as president.  Guatemala’s successful experiment channeling international expertise into strengthening its judicial system’s ability to investigate and prosecute corrupt officials is threatened by a weakening of political resolve to make it work, as elites push back while civil society has lost the momentum that enabled it to bring down the government of President Pérez Molina in 2015.  El Salvador, which has witnessed modest strides forward in dealing with its profound corruption problems, remains wracked with violence, plagued by economic stagnation, and bereft of decisive leadership.
  • Venezuela stands alone in the depth of its regime-threatening crisis, from which the path back to stability and prosperity is neither apparent nor likely. The election of right-leaning governments in Argentina (in late 2015) and Peru (in mid-2016) – with Presidents Macri and Kuczynski – has given rise to expectations of reforms and prosperity, but it’s unclear whether their policies will deliver the sort of change people sought.  Bolivian President Morales, Ecuadoran President Correa, and Nicaraguan President Ortega have satisfied some important popular needs, but they have arrayed the levers of power to thwart opposition challenges and weakened democratic institutional mechanisms.
  • As Cuban President Raúl Castro begins his final year in office next month, the credibility of his government and his successors – who still remain largely in the shadows – will depend in part on whether the party’s hesitant, partial economic reforms manage to overcome persistent stagnation and dissuade the country’s most promising professionals from leaving the island. Haiti’s President-elect Jovenel Moise will take office on February 7 after winning a convincing 55 percent of the vote, but there’s no indication he will be any different from his ineffective predecessors.

However voluble the region’s internal challenges – and how uncertain external demand for Latin American commodities and the interest rates applied to Latin American debt – the policies of incoming U.S. President Donald Trump introduce the greatest unknown variables into any scenarios for 2017.  In the last couple years, President Obama began fulfilling his promise at the 2009 Summit of the Americas in Trinidad and Tobago to “be there as a friend and partner” and seek “engagement … that is based on mutual respect and equality.”  His opening to Cuba was an eloquent expression of the U.S. disposition to update its policies toward the whole region, even while it was not always reflected in its approach to political dynamics in specific Latin American countries.

 Trump’s rhetoric, in contrast, has already undermined efforts to rebuild the image of the United States and convince Latin Americans of the sincerity of Washington’s desire for partnership.  His rejection of the Trans-Pacific Partnership – more categorical than losing candidate Hillary Clinton’s cautious words of skepticism about the accord – has already closed one possible path toward deepened ties with some of the region’s leading, market-oriented economies.  His threat to deport millions of undocumented migrants back to Mexico and Central America, where there is undoubtedly no capacity to handle a large number of returnees, has struck fear in the hearts of vulnerable communities and governments.  The region has survived previous periods of U.S. neglect and aggression in the past, and its strengthened ties with Asia and Europe will help cushion any impacts of shifts in U.S. engagement.  But the now-threatened vision of cooperation has arguably helped drive change of benefit to all.  Insofar as Washington changes gears and Latin Americans throw up their hands in dismay, the region will be thrust into the dilemma of trying to adjust yet again or to set off on its own course as ALBA and others have long espoused.

 January 4, 2017

Nicaragua: A New Family Dynasty Taking Root

By Aaron T. Bell*

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Left: Photo of Daniel Ortega celebrating his latest presidential triumph (July 20, 2012) / Fundación ONG de Nicaragua / Wikimedia / Creative Commons; Right: Anastasio Somoza DeBayle / DemonSabre / Wikimedia / Creative Commons

Events in Nicaragua this summer have demonstrated that President Ortega and his family have a vision for the future that erodes a key element of political democracy – the replacement of the executive through free and fair elections – and risks establishing a dynasty of corruption and authoritarian rule.  In May 2016, President Daniel Ortega of the Frente Sandinista de Liberación Nacional (FSLN) announced his candidacy for a fourth presidential term – his third consecutive.  Since then the government has taken several steps to ensure that Ortega and his family remain in power in November’s elections for President and National Assembly, and beyond:

  • Voting irregularities, a lack of transparency, and accusations of fraud have marred several successive elections since Ortega’s return to power in 2007. In June of this year, Ortega announced that he would not permit international election observers to monitor this fall’s elections.
  • Weeks later, the Supreme Court stripped opposition leader Eduardo Montealgre of his position as head of the Partido Liberal Independiente (PLI) and replaced him with Pedro Reyes, considered by observers to be an Ortega ally. In July, Nicaragua’s electoral council removed 16 sitting members of the National Assembly and 12 alternates after they refused to recognize Reyes.
  • In August, Ortega announced that Rosario Murillo, his long-time partner and wife since 2005, would serve as his vice presidential candidate in the November election. Murillo has been a prominent figure in the Ortega government while serving as both first lady and chief spokeswoman.  Her political ascension is complemented by the rise to prominence in recent years of her and Ortega’s children as operators of business and media interests, including the couple’s eldest son and presidential adviser on investments, Laureano Facundo, who helped sell the stalled interoceanic canal project to Chinese businessman Wang Jing.

Nicaragua’s opposition parties have thus far been unable to mount an effective response and have shown the lack of cohesion and focus that have plagued them for decades. Montealgre announced that the coalition led by the PLI would boycott the election and called on others to do the same.  But rather than present a united front, opposition leaders are fighting amongst themselves to seize the mantle of leadership and challenge Ortega through several competing parties and coalitions.  This will be no easy task: polling conducted by M&R Consultores this summer shows that over 60 percent of voters are likely to vote for Ortega, with the leading opposition parties drawing low single digits.  Over a quarter of potential voters said they were unsure whom they would vote for.  With the opposition beset by division and lacking much legitimacy – tainted as they are by a history of corruption, self-interest, and financial support from the United States – it is unsurprising that protests and civil unrest have been largely absent.  The ouster of the PLI delegates has also stirred the FSLN’s old opponents outside the government, who have been largely quiescent in recent years but condemned the decision: the Bishops of the Episcopal Council, the Nicaraguan-American Chamber of Commerce, and the Consejo Superior de la Empresa Privada (COSEP), the largest business chamber that has enjoyed a working relationship with the Ortega government.

The FSLN’s authoritarian turn, Ortega’s long reign, and the rise to prominence of both Murillo and the couple’s children invite comparisons between Ortega and Somoza family dynasties.  It may be from COSEP and the business sector, rather than among the weak and divided political opposition, that a serious challenge to Ortega could eventually emerge. It was after all the defection of non-Somoza family interests in the private sector, combined with a popular insurrection led by a guerrilla insurgency, that did away with Nicaragua’s previous family dynasty.  But that combination only emerged following the shock of the 1972 earthquake and resulting massive corruption, the assassination of a national figure like Pedro Chamorro in 1978, and the particularly bloodthirsty turn that the Somoza regime had taken. With similarly game-changing circumstances absent at this juncture, the sort of cross-sector revolutionary movement that ultimately toppled the Somozas appears unlikely.  For the moment at least, an Ortega family will be well on its way to firmly preserving its dynastic power come November.

 September 19, 2016

* Aaron Bell is an Adjunct Professorial Lecturer in History and American Studies at American University.

Latin America (Overall) Embraces Paris Climate Accord

By Fulton Armstrong

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Heads of delegations at the 2015 United Nations Climate Change Conference in Paris. Photo Credit: Presidencia de la República Mexicana / Flickr / Creative Commons

Latin American support for the landmark climate agreement signed at the United Nations last week may not have been enthusiastic during the negotiations, but all but Nicaragua seem eager for early ratification and implementation of measures to mitigate the harm of global warming.  A record-breaking 175 countries signed the accord in one day, including a number from Latin America, committing them to take concrete steps to keep the increase in global temperatures from rising 2 degrees Celsius (or, ideally, 1.5 degrees) over preindustrial levels.  To take effect, at least 55 countries producing 55 percent of global emissions must ratify the agreement.  Fifteen small island nations, including several in the Caribbean, already presented their ratification papers last Friday.  China and the United States, the two greatest emitters of greenhouse gasses, have said they’ll ratify this year – as have France and other EU countries.

The region’s leaders have made significant contributions to the accord over the years.  Mexico and Peru, which were hosts of crucial international conclaves leading up to it, have given it a Latin American imprint, and others supported the final round of talks in Paris last December.  Brazilian President Dilma Rousseff’s reference in her speech to her political troubles back home overshadowed Brazil’s leadership, including its commitment to reduce its greenhouse gas emissions by 43 percent of 2005 levels by 2030.  In the past, ALBA countries complained loudly that the wealthy, developed nations, which produce the vast majority of climate-harming gasses, should shoulder the burden of reducing them and should compensate poorer countries for harm that environmental measures cause them.  All but Nicaragua, however, have submitted national plans (called an Intended Nationally Determined Contribution, INDC) required for full participation in international efforts under the Paris Accord.  Nicaraguan Representative Paul Oquist told the media that “voluntary responsibilities is a path to failure” and that wealthy countries should compensate Nicaragua for the $2 billion cost the measures would entail.

Latin America has clear incentives to support the accord.  Various scientific studies underscore the impact of global warming on the region, with potentially dire consequences.  The World Bank and Intergovernmental Panel on Climate Change have reported that failure to act would cause further extreme weather threatening agriculture; rapid melting of Andean glaciers that provide much-needed fresh water; erosion of coastal areas; catastrophic damage to Caribbean coral reefs; and dieback of Amazon forests.  ALBA demands for compensation may be overstated but contain a grain of truth – they aren’t prodigious producers of greenhouse gasses – and skepticism that the big guys will meet their targets isn’t entirely unwarranted.  President Obama has repeatedly demonstrated his personal commitment to addressing the problem, but obstacles posed by the U.S. Senate (which must ratify the agreement), Supreme Court (which in February stalled implementation of his Clean Power Plan), and politicians seeking the Republican Presidential nomination (who have sworn opposition to deals like the Paris Accord) have all but shut down U.S. movement toward ratification.  The ALBA outliers, on the other hand, have made their complaints heard and appear likely to join the rest of Latin America and the Caribbean in pushing for ratification and quick implementation – and probably will soon renew the push for even tougher measures by industrialized nations.

April 25, 2016

Nicaragua: Where’s the Canal?

By Fulton Armstrong

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Coming soon to Nicaragua? Photo Credit: tryangulation / Flickr / Creative Commons

The Nicaraguan government and Chinese investment group leading the Nicaragua Grand Canal project continue to claim enthusiasm for their dream, but enough fundamental problems remain unresolved to suggest that prospects for its eventual construction are dimming – and the principals are maneuvering to avoid picking up the tab for the expenditures made so far.  In a year-end statement last December, President Ortega’s office said the canal project would be one of his government’s top 25 priorities this year and emphasized its benefits to the Nicaraguan people.  Hong Kong-based HKND Group had announced in November that it was “fine-tuning” the canal design to address problems raised in an environmental impact study, which would delay the beginning of major excavations and lock-building until the end of 2016.  Company officials have since said, however, that construction of a fuel terminal and wharf on the Pacific coast –necessary to bring in the massive equipment the project requires – could start as early as this August.  The company still claims that it will complete the canal in 2020 – a prediction that few, if any, outside experts see as feasible.

The project faces massive obstacles, with no solutions in sight.

  • The estimated US$50 billion in financing is nowhere to be seen. Chinese investor Wang Jing, who has already spent US$500 million of his own money on the project, lost some 85 percent of his US$10 billion personal fortune in last year’s Chinese stock market correction.  (Bloomberg named him the worst performing billionaire of 2015.)  Observers believe his losses as well as the problematic environmental impact study have cooled his and other private investors’ support.  An initial public offering of shares has been postponed indefinitely.
  • Project managers have yet to demonstrate the need for the canal and propose solutions to significant engineering challenges, such the need for construction able to withstand earthquakes made likely because of seismic faults along the route. HKND says the canal will handle 3,500 cargo ships a year, including ones bigger than those transiting the Panama Canal, but industry experts say there’s no demand for more than will be accommodated by the expansion of the existing canal – and that the United States has no ports capable of receiving the larger vessels.  Global warming, moreover, could soon open a faster and cheaper route north of Canada.
  • Public protests have diminished during the hiatus in canal-related news and activities, but opponents remain strident and are gaining international support. Detractors’ resolve to fight has been strengthened by the environmental report, by a credible UK firm, determining that the project will “have significant environmental and social impacts,” including dislocation of at least 30,000 Nicaraguans.  Indigenous and Afro-Nicaraguan groups on the Atlantic Coast are upset about disruptions to traditional territories, including cemeteries and holy places.  Amnesty International has condemned the treatment of affected persons as “outrageous” and “reckless.”

The “biggest earth-moving project in history” is still looking like one of the biggest boondoggles in history – yet another in a long series of chimera canals in Nicaragua since early last century.  The government says that popular support for the project remains about 81 percent, but a survey by Cid Gallup, published in the Nicaraguan newspaper Confidencial in January, showed that 34 percent of 1,000-plus respondents consider the canal to be “pure propaganda.”  One quarter believe technical studies have been inadequate and that funding will not materialize.  Those sentiments could be reversed somewhat by the appearance of massive excavation equipment and creation of related construction jobs, but support will still be tempered by concerns about persons whose lives are disrupted by the project – and by perennial and profound suspicions that corruption will take the lion’s share of benefits.  Some opposition leaders believe HKND’s big push to appear optimistic is to build a case for collapse of the project to be Nicaragua’s fault, so that the company can demand that Managua repay the $500 million that Wang has reportedly spent.  The lack of transparency surrounding the project only fuels such speculation. 

April 4, 2016

U.S.-Cuba: Migration Policy Growing Tortuous, Dangerous

By Fulton Armstrong

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Photo Credit: Coast Guard News / Flickr / Creative Commons

The surge in Cuban migration – prolonged at this point by U.S. policy paralysis – may show a dip soon but is growing tortuous and dangerous.  Since January 12, chartered aircraft and buses have been carrying about 360 Cubans a week from Costa Rica to El Salvador, and then through Guatemala and Mexico to the United States, where they are admitted with special status.  The US$550 cost of the trip is being paid by the migrants or unidentified “donors.”  The air bridge has begun relieving pressure on Costa Rica, which has been caring for 8,000 Cubans since Nicaragua in October halted the underground railway transporting them up the Central American isthmus.  (Three thousand more are reportedly stuck in Panama.)  Despite the progress, an estimated 1,500 migrants have left holding facilities and turned to alien-smugglers to take them to Mexico (for $800) or to the United States ($1,500), according to press reports.

  • Cubans’ fear of a change in U.S. migration policy since reestablishment of U.S.-Cuba diplomatic relations is most often cited as causing the surge, estimated at some 40,000 in 2015. It does not explain the estimated 20,000 who crossed into Texas in 2014 and before, when alien-smuggling networks were less developed.
  • Ecuador’s agreement to establish visa requirements for Cubans promises to slow the immediate flow, but the crisis has revealed corruption among migration authorities throughout the region, which will make stopping it difficult.
  • Central American resentment of the welcome Washington gives illegal migrants from Cuba is growing – aggravated in part by the arrival of airplanes from the United States full of deported citizens in the same timeframe. Senior officials from Costa Rica, El Salvador, and Guatemala have blamed the surge in trafficked Cubans on the preferences the United States gives them.

The U.S. Coast Guard reports an increase in the volume and violence of seaborne migration.  Migrants interdicted in Fiscal Year 2015 (ending September 30) grew to almost 3,000 – 900 more than the previous year – and, according to press reports, surged to 1,500 in the last quarter of 2015.  The Coast Guard says the migrants have concluded that Cuba’s economy will not improve even after U.S.-Cuba normalization, and they want to go before U.S. migration policy changes.  The service has reported a spike in violent confrontations with Coast Guard officers, violence against fellow migrants, and even suicide threats..

The U.S. government’s mantra that it will not change policy toward either overland or seaborne migrants is not working – and could even be backfiring by reminding Cubans of the special treatment they receive upon arrival.  The airlift and bussing of thousands of migrants from Costa Rica to the United States helps Costa Rica deal with its crisis, but also signals yet again to Cubans remaining on the island how far the United States will go to bring them in.  Violence among seaborne migrants has traditionally been rare, but the increased aggressiveness suggests that migrants have the impression that they can act with impunity and still be welcomed into the country.  Overland migrants’ preference to use coyotes, known for violence, is another red flag.  The United States has expended political capital by washing its hands of the Cuban migrant mess in Central America, and grumbling among the region’s leaders suggests that options like airlifts will disappear soon.  U.S. law, including the Cuban Adjustment Act, fully empowers the President to turn off the green light to undocumented Cuban migration – and reality could very well nudge him in that direction soon.

February 4, 2016

U.S.-Cuba Migration: The Powerful “Pull” Factors

By Fulton Armstrong

Cuban women

Photo Credit: Guillaume Baviere / Flickr / Creative Commons

The Obama Administration’s repeatedly stated commitment to continue implementing the Cuban Adjustment Act of 1966 is driving a surge in Cuban emigrants through dangerous human trafficking routes in Central America and causing tensions in a region already tied in knots over illegal migration.  The flow of Cubans up the isthmus has been increasing steadily – reaching some 45,000 over the past year – but seemed a manageable issue until Costa Rica broke up a smuggling ring last month.  The publicity prompted Nicaragua to close its borders to the underground railroad, which is carrying thousands each month northbound.  The migrants have been starting their journey by air from Havana to Ecuador (which until last month didn’t require a visa) and are escorted by coyotes as they bribe their way across borders headed north.  A summit of Central American foreign ministers two weeks ago failed to reach agreement on a Costa Rican proposal to create a “humanitarian corridor” for the Cubans by issuing them safe passage.  Relations between San José and Managua, already on edge as they await an ICJ decision this month on a territorial dispute, have turned bitter.

The special treatment that Cubans receive upon setting foot in the United States – including automatic access to permanent residency in one year – is the main stimulus of the flow.  The Clinton Administration adjusted how it handled those intercepted at sea, establishing a distinction between intending migrants with “wet feet” and “dry feet,” which reduced the seaborne flow somewhat.  But Cuba’s decision in 2013 (long urged by the U.S. and international community) to stop requiring citizens to get exit permits; the flow of a billion-plus dollars into Cuba through remittances and small businesses (with which to pay coyotes and corrupt officials along the way); and the growing sophistication of smuggling networks in Central America have fueled a shift in the flow overland.  Despite the Administration’s no-change pledge, some intending migrants say the current rush is being driven by fear that U.S.-Cuba normalization will end the preferences granted to Cubans who reach U.S. soil.

The Adjustment Act authorizes – but does not require – the President, through the  attorney general, to grant parole to Cubans arriving into the United States illegally and grant them permanent residency one year later.  In the absence of any change in Washington’s approach, Cubans will certainly try to avail themselves of its generous provisions.  To move the thousands stuck in Central America off the front page there, Washington may issue them expedited visas and help them with transportation to the United States.  Such gestures, however, will have a high political cost throughout Central America, where the U.S. has asked governments to stanch the movement of their own citizens fleeing violence and dire poverty, and where even well-off, law-abiding citizens have to jump through hoops and pay hundreds of dollars for tourist visas.  As the impasse in Central America grew intense last month, the State Department tweeted a reminder that “There exist legal and safe options for Cubans who want to migrate to the United States.”  Reversing policies that encourage illegal and unsafe migration – while proposing that Congress support a doubling or tripling of the current 20,000 Immigrant Visas the Embassy in Havana issues each year – would make a lot of sense.

December 7, 2015

AULABLOG will examine the powerful “push” factors driving migration from Cuba in a subsequent article.

Nicaragua’s “Great Canal” Draws Opposition

By Fulton Armstrong

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Protestors opposing the Chinese-Nicaraguan canal confront police / Jorge Mejía Peralta / Flickr / Creative Commons

Although questions continue to swirl around whether the Chinese-Nicaraguan canal – which its main investor called the “most important [project] in the history of humanity” – will be built or not, its opponents are taking it all very seriously.  A CID-Gallup poll in January showed that 41 percent of Nicaraguans interviewed strongly support the project, while another 21 percent and 17 percent back it somewhat and a little, respectively.  But another poll by the same firm suggested ambivalence:  asked if they supported the National Assembly vote giving the Chinese firm leading the project, HKND, a concession for the 278-km right of way for up to 100 years, some 39 percent of respondents said no.  Some political voices are growing more sharply opposed as well.  The powerful business group COSEP, for example, has gone from agnosticism about the project to a position of open disapproval.

Groups concerned about the project’s impact on the environment and rural residents have already held protests involving up to several thousand participants, and – despite the government’s promise that the canal will bring prosperity throughout the country – organizing efforts appear unlikely to fade.  Skepticism about HKND and the government’s commitment to protecting the environment, fueled by their off-the-cuff dismissal of concerns, is so deep that even a balanced comprehensive impact study by the British Environmental Resources Management, due next month, may fail to calm nerves.  Environmentalists cite studies warning that dredging Lake Nicaragua from its current depth of nine meters to the 27 meters necessary for cargo ships will stir up many layers of toxic materials, with catastrophic consequences for marine life and surrounding agricultural areas.  Other groups are rallying behind the 29,000 residents who are to be evicted from properties along the canal route.  Demonstrations have turned violent, with protestors injured by tear gas and rubber bullets.  Graffiti and banners demanding “fuera chinos” are common.

In the hemisphere’s second poorest country, the promise of growth spurred by the $40-50 billion project is still a powerful card in the government’s hand.  Many skeptics still wonder, however, if the whole scheme is a ruse to fleece the Chinese investors, who’ll bring in a couple billion dollars before realizing that the project will get bogged down in Nicaraguan political quicksand.  But opposition to the canal goes far beyond the usual Managua political game of fighting over corruption dollars and obstructing each other’s priorities.  President Ortega’s endorsement of the canal contradicts his own statements years ago that he wouldn’t compromise the lake’s eco-system “for all the gold in the world.”  According to The Guardian newspaper, the dredging will move enough silt to bury the entire island of Manhattan up to the 21st floor of the Empire State Building – which no one is prepared to deny will have serious environmental implications.  China’s Three Gorges Dam, completed five years ago, displaced 1.2 million inhabitants – proportionally twice as many Nicaraguans displaced by the canal – but Nicaragua’s ability to resettle them, give them jobs, and suppress their dissent is small compared to China’s.  The project may not be the greatest in the history of mankind as HKND claims, but it may provoke a crisis as great as any in Nicaragua.  For starters, if COSEP’s opposition persists, it threatens to unravel the modus vivendi under which Daniel Ortega has stayed in power, and could portend much deeper tensions.

March 5, 2015

Click here to see our previous article about the canal.

Latin America United Against Violence in Gaza

By Aaron T. Bell

Sergio / Flickr / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Sergio / Flickr / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Israel’s assault on Gaza this summer provoked sharp criticism from Latin American governments.  Condemnation came not only from Cuba, a long-time critic of Israel, and from Bolivia, Venezuela, and Nicaragua, which have been without diplomatic ties to Israel since cutting them after previous conflicts in Gaza in 2009 and 2010.  This summer’s UN-estimated 1,500 civilian deaths also provoked outrage from center-left governments, as Brazil, Chile, Ecuador, El Salvador, and Peru all withdrew their ambassadors.  At the Mercosur summit at the end of July, Brazil, Venezuela, Uruguay, and Argentina issued a joint statement in which they criticized Israel’s “disproportionate use of force…which has almost exclusively affected civilians.”  And one of the largest popular demonstrations worldwide against the Israeli action took place in Chile, home to hundreds of thousands of Palestinian descendants.

Latin American interest in Israeli-Palestinian affairs is deeply rooted in the past.  Waves of immigration beginning a century ago have made the region home to the largest Palestinian diaspora outside the Arab world.  Latin American governments provided crucial support for the 1947 UN Partition Plan for Palestine that led to the creation of the state of Israel, but they roundly condemned the occupation of the Gaza Strip 20 years later.  In the Cold War era, Israel provided military hardware to rightwing military regimes in the region while the Palestine Liberation Organization, more leftist than Islamic in its revolutionary views, lent political and economic support to the Sandinista government in Nicaragua.  Contemporary Latin American governments have taken a balanced approach in their relations with Israel and the Palestinians.  All but Colombia, Mexico, and Panama have recognized a Palestinian state based on national borders prior to the 1967 Arab-Israeli war, and trade with Israel has flourished.  Brazil is the top destination for Israeli exports, totaling over $1 billion per year.  In addition, Israel signed free trade agreements with Mercosur in 2007 and 2010; became an official observer to the Pacific Alliance (Chile, Colombia, Mexico, and Peru) in 2013; and in May 2014 approved a four-year, $14 million plan to boost trade with the PA nations and Costa Rica.  Israel’s recent efforts to further trade in Latin America ironically developed out of a desire to shrug off some of its dependency on Europe, where criticism of Israeli policy has become widespread and boycotts of Israeli goods are being organized by advocates of the Palestinian cause.

This summer’s fighting in Gaza chilled diplomatic relations between Latin American governments and Israel.  The Israeli Foreign Ministry described the withdrawal of Latin America ambassadors as a “hasty” decision that would only encourage Hamas radicalism, and it struck a nerve in Brazil when dismissing its “moral relativism” as an example of “why Brazil, an economic and cultural giant, remains a diplomatic dwarf.”  But both Israel and Latin America stand to gain from stronger economic ties, and with the exception of Chile’s suspension of trade talks, there are no pending signs that economic relations will suffer further now that this round of fighting in Gaza has come to an end.  The significance of this summer’s events lies instead in the autonomous decision by Latin American governments of all political stripes to act in favor of peaceful conflict resolution and the protection of civilians enveloped by the violence of war.  The Assad regime’s massacre of its own citizens in Syria in recent years provoked a more reticent condemnation from Latin America’s center-left governments and regional blocs, which backed a negotiated solution to the conflict while strongly opposing the possibility of foreign military intervention.  Without the specter of a wider conflict looming over this summer’s Gaza crisis, Latin American governments seized the opportunity to stake out a firmer position.  The region’s reaction to future atrocities – which may come sooner rather than later as the US prepares to battle the “Islamic State” in Syria and Iraq – will show how durable this new approach will be.

July 19th Anniversary and the New Nicaragua

By Rose Spalding*

Photo credit: Globovisión / Foter / Creative Commons Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0)

Photo credit: Globovisión / Foter / Creative Commons Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0)

Daniel Ortega’s political rebirth has produced a remarkable partnership with the Nicaraguan business sector.  Thirty-five years ago, when he and the Nicaraguan revolutionaries ousted dictator Anastasio Somoza, a U.S. ally known for corruption and human rights abuses, they clashed with the business sector, the Catholic Church leadership, and a heterogeneous band of counterrevolutionaries armed and financed by the Reagan administration.  Ortega lost elections in 1990 but made a remarkable return to power in 2007, ushering in the “second phase of the Sandinista revolution.”  Unlike during his first term, he undertook to collaborate with COSEP, the Nicaraguan association of business chambers, and gave its members, perhaps more than any other group, regular access to high-level officials and a palpable voice in shaping legislation.  According to José Adán Aguerri, the current president of COSEP, 77 out of 81 of the Ortega government’s economic laws have been produced in dialogue with the business association.  These involve wide-ranging negotiations on minimum wage increases, tax reform, housing development, social security expansion, investment incentives, and other issues.

This partnership has contributed to economic growth and direct foreign investment.  The World Bank reports Nicaragua’s economic growth was 5 percent in 2012 and 4.6 percent in 2013, compared to 2.6 percent and 2.4 percent for the Latin American region as a whole.  According to CEPAL, foreign investment in Nicaragua reached $849 million in 2013, a level that was second only to the $968 million reported for 2011.  Nicaragua’s investment promotion agency, ProNicaragua, documents strong investment in tourism, agribusiness, textiles and outsourcing services.  The extractive sector is also growing rapidly.  Responding to strong commodity prices and a cordial reception in Nicaragua, Canadian gold mining company B2Gold recently announced a planned investment of $289 million to expand its operations in La Libertad.  Nicaraguan investors have developed new initiatives, including a major tourism project orchestrated by Carlos Pellas, the country’s richest man.  The relationship has benefited from the ALBA agreement Ortega signed with Venezuela President Hugo Chávez in 2007.  Venezuela assistance has totaled $3.4 billion in loans, donations and investments in the 2008-2013 period.  These funds regularized Nicaragua’s precarious energy supply and subsidized transportation, housing, microcredit and public sector wages, providing a general economic stimulus from which elites also benefitted.  Announcements of a projected $40 billion investment in an interoceanic canal reinforce the image of a new development era in Nicaragua.

The business-government relationship reflects mutual accommodation by Ortega and business leaders.  Nicaragua lost several decades of economic growth during the 1980s and the “contra” war, so upon his return to power Ortega put a premium on promoting growth, tread lightly on issues of tax reform, and eagerly pursued foreign investment.  He met repeatedly in closed sessions with business leaders and called for a “grand alliance” of government, business and workers to combat poverty, promote investment and create jobs.  A formal consultation mechanism brought together leaders from COSEP and the government, such as Bayardo Arce and Paul Oquist, for regular policy discussions.  Offering a stable economic environment and generous investment incentives, a non-conflictual labor force with the lowest wages in the region, a relatively low crime rate, and receptivity to business initiatives, Ortega won over business allies.  The business interests of current and former Sandinista leaders, some affiliated with COSEP, reinforced the collaboration and helped convince a new generation of business leaders to put aside traditional hostility and preoccupation with injuries of the revolutionary 80s.  They accepted the government’s legitimacy and bolstered its domestic and international credibility.  Enthusiastic about the growth of the Nicaraguan economy, economic elites also downplayed lingering questions about deficits in democratic institutionality and accountability.  But the heightened concentration of political power under Ortega and the weakness of other state institutions mean that economic rules are vulnerable to shifting political winds, and questions remain whether this development approach will resolve the problem of widespread poverty.  Even as the government-business relationship warms and the economy grows, these social and political concerns continue to bedevil the country.   

*Dr. Spalding is a professor of political science at DePaul University.