Mexican Government Under Attack for Electronic Spying

By Fulton Armstrong

34318983244_1716737126_k

Mexican President Enrique Peña Nieto. / Presidencia de la Republica Mexicana / Flickr / Creative Commons

Revelations of Mexico’s use of state-of-the-art software to spy on domestic critics and OAS human rights experts have dealt another devastating blow to the credibility of President Enrique Peña Nieto and the Mexican government.  Targeted in the cyberattacks were dozens of individuals and nongovernmental groups from various backgrounds, including leaders of the opposition PAN party investigating corruption allegations; anti-obesity activists lobbying for a tax on sweet carbonated soft drinks that the government opposed; and the Interdisciplinary Group of Independent Experts (GIEI) sent by the Inter-American Commission on Human Rights (IACHR) to investigate the disappearance of the 43 students in Iguala in 2014.

  • The software – known as Pegasus and estimated to cost between $32 million and $80 million – sent the targets personalized text messages with links that, when pressed, led to the total compromise of their smart phones. The messages falsely alerted victims to family emergencies, for example, and said further information was available at a link in the text.  Some purported to be from the U.S. Embassy, providing a link for updates on visa applications.  The link downloaded spyware that allowed the perpetrators full access to all voice and data communications and allowed remote control over the microphone and camera on the affected device.

Confronted with evidence developed by University of Toronto-based Citizen Lab and corroborated by the New York Times, Peña Nieto admitted in late June that his government purchased Pegasus but denied that it was used to target opponents and investigators.  He said that all of the government’s efforts have been “to maintain the internal security of the nation, fight organized crime, to generate security for all Mexicans.”  The Israeli company NSO Group, producer of Pegasus, claims it sells the software only to governments and only for specific anti-terrorism, anti-crime purposes.  The President threatened to investigate those who “have raised false accusations” – a statement his spokesman retracted several hours later – but he did acknowledge the need for an investigation.  The office of the Attorney General (PGR), which was involved in the Pegasus program, was charged with looking into the matter, drawing cries of foul from critics.

  • Officials at the UN Office of the High Commissioner on Human Rights have called on Mexico to allow a full investigation by independent experts. For the same agency that bought Pegasus to investigate its use, they said, was not credible.  An OAS official has stated publicly that the allegations “should be investigated.”

The internal spying scandal is yet another blow to the credibility of the Mexican government on human rights – whether the spying and harassment was approved by Peña Nieto or was the work of rogue agencies.  The President’s credibility has been battered by scandals involving his family and administration, and corruption by state governors from his ruling Institutional Revolutionary Party (PRI) has deepened perceptions of impunity at all levels.  Violence is also creeping back to levels experienced during the term of Peña Nieto’s predecessor, Felipe Calderón.  Among his most corrosive failures, however, has been the lack any progress investigating the brutal killing of the Iguala students.  The government’s claims that it was unable to bring anyone to justice for Iguala – while spending tens of millions of dollars to spy on and harass international experts investigating the incident – has deepened popular cynicism about the President.  Even if he accedes to an independent inquiry, the damage has been done, and he seems likely to limp, at best, toward general elections scheduled for mid-2018.  InSight Crime (a CLALS-sponsored foundation) has also called the scandal “a massive self-inflicted wound in [Mexico’s] fight against organized crime” because it compromised anti-crime operations and undermined the government’s credibility.

July 24, 2017

OAS Secretary General’s Third Way Stumbles

By Stefano Palestini Céspedes*

34627298223_325ea7fb41_k

Luis Almagro, OAS Secretary General, at the first day of General Assembly in Cancún, June 2017. / Juan Manuel Herrera / OAS / Flickr / Creative Commons

OAS Secretary General Luis Almagro’s effort to drive the organization’s actions on Venezuela through international mobilization appears to have run its course without success during the recent General Assembly.  From the outset, Almagro faced the tough dilemma of what to do when OAS members did not want to fulfill their commitments and were reluctant to invoke the Inter-American Democratic Charter against the Venezuelan government.  As in most international organizations, the OAS Secretary General does not have strong authority to enforce its legal instruments and essentially had two options to cope with the dilemma:

  • To admit his lack of authority – and thereby signal to the world that the organization’s commitments, such as the Democratic Charter, are not credible. In the international system, there are plenty such non-credible and non-enforceable commitments, ranging from the EU Treaty (Article 7) to the Kyoto Protocol.
  • To use his limited powers to persuade member states from within – persuading national representatives to take action. This approach risks to be perceived from outside as inaction.  If persuasion succeeds and member states decide to enforce their commitments, the credit will most likely go to the member state playing the role of leader, and not to the institution.

Faced with Venezuelan President Maduro’s rejection of the OAS’s good offices and with member states’ preference to assign diplomatic leadership to UNASUR (over which Maduro had influence), Almagro chose a third way:  to drive OAS internal processes by pressing member states from outside via international public mobilization.  Through a series of actions in his own name – issuing reports, statements, and posts on social networks – Almagro called the attention of the international community and media to the OAS’s naming and shaming of Venezuela.  By doing so, he indirectly raised the cost of inaction of member states reluctant to take a strong stand.  Maduro’s increasingly undemocratic behavior, and the election of new governments in some key states, particularly Argentina and the United States, improved the odds of success.  Indeed, the OAS gave the Venezuela crisis unprecedented salience, and on April 3 the Permanent Council passed a resolution (approved by consensus but with only 17 states in the room) that, for the first time in OAS history, demonstrated that a democratically elected government could be condemned because of “unconstitutional alterations of the constitutional order.”  A core group of 14 countries – representing more than 90 percent of the hemisphere’s population – coalesced to back up the activist Secretary General.

  • The 47th General Assembly in Cancún was supposed to crown the strategy’s success by moving the OAS from a condemnation of Venezuela towards a common plan for engagement – specifically one embracing the anti-Maduro opposition’s demands. Venezuelan diplomats managed to convince some Caribbean states – dependent on Venezuela’s Petrocaribe program to withhold support of the resolution, causing the OAS-14’s plan to fail to achieve the two-thirds majority by only three votes.  (An alternative resolution put forward at the last minute by San Vicente also failed.)

Secretary General Almagro’s “third way” approach was risky, made under the assumption that the two traditional options would fail.  Reasonable observers can second-guess him, but there is little evidence that either of the other options would have fared any better.  The crisis in Venezuela is a hard case for the Inter-American Democratic Charter, and the OAS’s strict intergovernmentalism militates against decisive action.  Almagro’s public relations pressure from outside arguably worked with the larger states, but alienated the smaller.  A more cautious approach (as I argued here) perhaps would have helped to bring CARICOM states on board.  For now, what is clear is that the OAS will not play a major role in managing Venezuela’s democracy crisis – unless the already severe situation in the country shakes even the OAS fence sitters.  A pending question is whether the OAS might succeed in inventing a role for itself in post-crisis Venezuela.

June 30, 2017

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.

Venezuela- OAS: New Chapter in a Long Story

By Stefano Palestini Céspedes*

Special Meeting of the Permanent Council, April 3, 2017

On April 3, a special meeting of the OAS Permanent Council voted to condemn Venezuela’s action that allows the Tribunal Supremo de Justicia (TSJ) to take over the functions of the National Assembly. / Juan Manuel Herrera/ OAS / Flickr / Creative Commons

Venezuelan President Nicolás Maduro seems determined to validate critics’ claims that the separation of powers in Venezuela has been breached, thereby strengthening diplomatic efforts to force him to reverse course.  After the OAS Permanent Council met for two days to discuss Secretary General Almagro’s call for Caracas’ suspension, Venezuelan courts on March 29 authorized the Tribunal Supremo de Justicia (TSJ) to take over the functions of the National Assembly, and to limit the immunity of the members of the parliament.  The action reinvigorated an exhausted domestic opposition and further infuriated international observers.  Two days later, the TSJ overturned the two rulings after Maduro, casting himself as a mediator between competing constitutional powers, requested it.  These erratic actions signaled the worsening erosion of the rule of law as well as the divisions in the government and the Bolivarian movement.

  • The reversal did not take the edge off OAS General Secretary Almagro’s and others’ condemnation of the power grab as an autogolpe or “self-coup.” The Inter-American Democratic Charter was designed in 2001 precisely to provide the OAS with instruments to deter self-coups in the aftermath of those carried out by Alberto Fujimori (Peru) and Jorge Serrano (Guatemala) in the 1990s.

The TSJ decisions and Venezuela’s defiance didn’t put Almagro’s suspension efforts over the top, but the Permanent Council is now much more actively involved in the crisis.  Venezuela has isolated itself within the Permanent Council.  Speaking at the Council, its delegation severely criticized individual member states the day before the TSJ decisions.  Chile and Peru recalled their ambassadors for consultation after it.  Ecuador, an ally since the time of Hugo Chávez, distanced itself from Maduro.  On April 1, MERCOSUR invoked the Protocol of Ushuaia – the group’s democracy clause – against Venezuela, and it joined Colombia and Chile in a forceful public statement on behalf of UNASUR.  Mexico, historically a jealous guardian of the principle of non-intervention, has assumed the leadership in holding Venezuela accountable for its undemocratic practices.  As a result, the Permanent Council on April 3 approved a resolution condemning the TSJ decisions and committing to “undertake as necessary further diplomatic initiatives to foster the restoration of the democratic institutional system,” including convening a ministerial meeting.

Building a consensus for tougher action in the Permanent Council will be difficult, however.  Last week’s resolution was approved by 19 member states, but four abstained and 10 were absent.  Any proposal to suspend Venezuela will require two-thirds of the members’ affirmative votes.  Although there is still a long way to go to make the OAS part of the solution of the Venezuelan crisis, the General Secretary’s activism has set an important precedent in rallying a majority of states in the Americas to come together to discuss a member’s erosion of democratic principles and institutions – and to condemn the non-democratic actions of a democratically-elected government.  This is a first for the organization, and it is a big step toward fulfilling the original purpose of the drafters of the Inter-American Democratic Charter.

April 10, 2017

* Stefano Palestini Céspedes is a CLALS 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.

Nicaragua: Shirking Obligations on Gender-based Violence

By Pamela Neumann*

15265768473_2316590a31_k

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.

OAS-Venezuela: Almagro Ups the Ante

By Stefano Palestini Céspedes*

32009916073_0a79dea9a2_k

Luis Almagro, OAS Secretary General, met with Freddy Guevara, First Vice President of the National Assembly of Venezuela, in Washington, DC in early February 2017. / Juan Manuel Herrera, OAS / Flickr / Creative Commons

OAS Secretary General Luis Almagro’s second report on Venezuela, issued on March 14, reflects his personal commitment to enforce the principles enshrined in the Inter-American Democratic Charter, but risks getting ahead of the organization’s member states and could ultimately hurt the credibility of the charter and OAS.  The 73-page document states that the government of Venezuelan President Nicolás Maduro has become a “dictatorial regime” that violates “every article” of the Charter; concludes that all attempts at dialogue have failed; and essentially calls for the OAS to suspend Venezuela’s membership in accordance with the charter’s democracy clause.  Almagro said the UNASUR negotiation (supported by the Vatican) has failed to achieve any of its proposed objectives and has become “a tool for reinforcing the regime’s worst authoritarian features domestically and, externally, for not engaging in international condemnation and pressure.”

  • The report concludes with an ultimatum: If the government does not call for general elections, release all political prisoners, restore all laws it has annulled, and select a new electoral authority and a supreme tribunal in the next 30 days, Venezuela should be suspended from the OAS. Few observers believe Maduro could meet these conditions even if he wanted.

Almagro’s actions, including his forceful call for application of Article 21 of the Charter – the “democracy clause” – moves his office and the OAS into uncharted territory as it would be the first time it is applied against an elected government.  Article 21 was applied against the government in Honduras that came to power in a coup in June 2009, but the sanctions were initiated at the request of ousted President Zelaya and strongly supported by Latin American governments – including Hugo Chávez – and Washington.  To enforce Article 21 against an incumbent government, a strong consensus needs to be built.

The Secretary General’s showdown with President Maduro presents a test for the Charter and, ultimately, for the OAS, as it pushes the organization beyond its traditional institutional limits.  Any decision on suspension must be approved by a two-thirds majority of member states, whose delegates represent executive branches that traditionally have shied from intervening in each other’s affairs.  Some insiders also grumble that the Secretary General has fallen short in his consultation with the member states; instead he seems to take a partisan position such as by inviting Maduro’s opposition to OAS headquarters this week for a press conference.  If the members back Almagro’s call for suspension, he will have demonstrated that principled arguments can break even strong institutional barriers – moving OAS into a new phase.  In that case, the Secretary General together with the member states will need to come up with a post-suspension plan; only then will OAS become part of the solution to Venezuela’s crisis.  If member states do not support the Secretary General’s call, Almagro will be respected as a leader moved by convictions, but the OAS will probably move one step down towards irrelevance.

March 21, 2017

Stefano Palestini Céspedes is CLALS 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.

MACCIH: An Early Progress Report

By Chuck Call*

31246077021_af5b37fcce_k

Juan Jiménez Mayor, Spokesman of the MACCIH Mission in Honduras, presented an update about MACCIH at the OAS in December 2016. / Juan Manuel Herrera, OAS / Flickr / Creative Commons

The OAS “Mission to Support the Fight against Corruption and Impunity in Honduras” (MACCIH) approaches its first anniversary in April with some gains and many challenges.  Launched after months of negotiations with the government of President Juan Orlando Hernández, MACCIH was created partly in response to widespread street protests by the Indignados (the “Outraged”), angered that the president’s campaign had benefitted from $300 million embezzled by officials of the Social Security Institute (IHSS).  Hernández was widely believed to accept the mission only because his tenure in office – and a possible second term – were in danger.

  • MACCIH was inspired by Guatemala’s CICIG, the UN-backed commission supporting that country’s judicial institutions, but Hernández insisted on major differences. He consented only to a mission of the OAS, generally seen as weaker than the United Nations.  MACCIH is weaker than CICIG in that it cannot initiate its own case investigations and must channel all its investigative and prosecutorial work through Honduran authorities.  (CICIG enjoys full investigative police powers and can initiate its own wiretaps and surveillance.)  MACCIH is headed in-country by a “spokesman” for the OAS Secretary-General, who nominally leads the mission from Washington, and its $2 million first-year budget has been only about one-sixth that of CICIG’s annual budget.

As a result, MACCIH opened to skepticism that its slow start hasn’t dispelled.  Its investigations have produced virtually no corruption-related arrests or prosecutions.  Setting up the office took much of 2016.  The head of criminal investigations only arrived in the summer, and the public security office only opened this month.  In contrast, a Honduran Police Reform Commission has sacked over 3,000 police officers.  Civil society organizations complain of MACCIH’s lack of impact, and a novel “observatory” comprising academic institutions and civil society groups remains ill-defined.  MACCIH’s decision not take up the investigation of the high-profile murder of environmental rights activist Berta Cáceres has seemed to sideline the mission from a case that emblemizes impunity, even if it seems not to involve far-reaching corruption.

  • However, MACCIH has scored some wins. It has embarked on a handful of complex corruption cases, including the IHSS case that sparked its creation.  The mission helped Honduran prosecutors prepare charges of arms possession against Mario Zelaya, the highest-profile suspect in the IHSS case, which kept him in jail long enough for more serious charges to be brought.  It helped secure two laws – to regulate campaign financing and to create a nationwide anti-corruption jurisdiction with its own selected judges and prosecutors.  MACCIH’s in-country leader, former Peruvian Prime Minister Juan Jiménez Mayor, has been forward-leaning in acting on his mandate.
  • MACCIH gained support in an early test late last year. In November, its concerns about several Hernández nominees to the Tribunal Superior de Cuentas, an audit court with special powers over corruption investigations, earned the ire of Honduran senior officials who complained to Secretary General Almagro.  The appointments were not altered, laying bare the mission’s limitations.  But Almagro stood by his organization’s analysis and role, with Jiménez Mayor emerging stronger as his special representative, not just his spokesman.
  • That same month, the board chair of Transparency International, José Ugaz, visited Honduras and urged civil society organizations to help ensure MACCIH’s success. Since then, they have showed a more positive attitude toward MACCIH, and more witnesses are now cooperating with the mission.

Comparisons between MACCIH with CICIG may arguably be unfair just one year out.  Observers recall that CICIG had difficulty showing impact in its initial investigations and was criticized as ineffectual.  Delivering on its ambitious mission to help curb corruption and impunity – in a country notorious for both – will be even harder.  However, the mission has accomplished as much as CICIG did in its first year in case investigations and legal reform.  Despite its limitations and slow start, MACCIH’s performance does not preclude obtaining far-reaching corruption convictions and strengthening the Honduran judicial system in coming years.  As civil society groups seem to be getting past their disappointment that their country did not get a CICIG, their collaboration will be crucial to the mission’s success.

March 13, 2017

* Chuck Call teaches International Peace and Conflict Resolution at American University.

UNASUR and the Venezuelan Hot Potato

By Andrés Serbin and Andrei Serbin Pont*

Ernesto Samper UNASUR

Photo Credit: Carlos Rodríguez/ANDES/Flickr/Creative Commons

The Venezuelan crisis, which the hemisphere has turned to UNASUR to resolve, could break the South American organization and overshadow its past successes in regional mediation.  UNASUR was created in 2008, amid the proliferation of regional organizations such as ALBA that excluded the United States and Canada, as an inter-governmental mechanism to promote regional autonomy, conflict prevention and resolution, and the coordination of public policies, particularly regarding social issues, security, infrastructure, and energy.  It has been driven by individual presidents’ leadership and managed by high-ranking officials and, despite rhetoric to the contrary, has not shown deep commitment to greater civil society participation.  Among its important successes have been defusing internal conflicts in Bolivia and Ecuador, as well helping reduce tensions between Ecuador and Colombia, and between Colombia and Venezuela.  In years past, the group’s effectiveness raised questions about the OAS’s comparative ability to deal with regional conflicts.

In recent years, however, UNASUR has suffered decline.  As the commodities boom ended, regional economies were hit hard, and internal political factors started to change the political map, undermining leftist governments and enabling the election of center-right governments less committed to the UNASUR vision.  This coincided with the profound decline of Venezuela as it fell into the abyss of hyperinflation, debt, scarcity, criminality, and debilitating political instability.  The Venezuelan opposition’s achievement of a parliamentary majority last December, after 17 years of Chavista hegemony, brought no relief as the government reacted with an all-out effort to block it.  UNASUR, which first sought to foster a dialogue between the government and the opposition in 2013, has repeatedly failed to broker a solution.  In May 2016 the organization turned to three former heads of state – Spanish Prime Minister José Luis Rodríguez Zapatero, Dominican Lionel Fernández, and Panamanian Martín Torrijos – to attempt mediation again, to no avail so far.  The government continues to resist change, and the opposition, in addition to remaining firm in its demands of a recall vote to remove Maduro and the unconditional release of political prisoners, has shown persistent mistrust of UNASUR and its representatives, whom they perceive as allies of the government. Such suspicions may not be unfounded, considering Zapatero’s objections regarding the participation of some relevant opposition leaders in the dialogue process.

For the first time in its almost 10 years of existence, UNASUR faces potential failure in its attempt to solve a strategically important political crisis in the region.  To hold off an initiative by OAS Secretary General Almagro to enforce the Inter-American Democratic Charter against Venezuela, the OAS Assembly called on UNASUR and the former presidents to renew mediation efforts yet again last month, but neither Maduro nor the opposition has budged from their fundamental positions.  The situation is, again, stalled.  Indeed, in the context of declarations, extraordinary sessions, initiatives and trips, the commitment to end the crisis in Venezuela still appears quite limited among OAS members, including UNASUR.  Governments supporting dialogue seem most eager to avoid risking valuable political capital both in the domestic and the international spheres.  Neither UNASUR nor the OAS is prepared to handle the Venezuelan hot potato, and both stand to lose credibility for this failure.  But UNASUR’s general lack of leadership and direction in recent years suggests that failure in this crisis, with implications beyond Venezuela’s borders, would be potentially fatal to the organization.  UNASUR, with previous achievements in social, political and regional matters, must now prove that it is still a viable regional mechanism, able to deal collectively with the political turbulence of a changing regional landscape.

July 6, 2016

* Andrés Serbin and Andrei Serbin Pont are members of the analysis team of the Coordinadora Regional de Investigaciones Económicas y Sociales (CRIES), a Latin-American think tank.

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.

Haiti: Crisis Upon Crisis

By Fulton Armstrong

Haiti OAS

OAS Secretary General Almagro visits Haiti. Photo Credit: OAS / Flickr / Creative Commons

Haiti is stumbling, again, from one crisis into another, but the timing of this ongoing mess puts the United States and other international partners in a particularly bad position.  The country’s political institutions are dysfunctional, without an elected executive nor fully legitimate legislature, and efforts to rebuild them continue to be haphazard.  Under Interim President Jocelerme Privert (formerly leader of the Senate), the government has missed another deadline for resolving disputes over the first round of presidential elections held last October and re-running them or scheduling the second round.  Instead, Privert, who assumed the Presidency in February, on 28 April formed a five-member “verification panel” to take yet another look at allegations of first-round fraud and determine which candidates should participate in the runoff, with a 30-day deadline.  The deadline for Privert to step down passed on 14 May.

  • The move coincides with growing perceptions that Privert is enjoying the perquisites of the job and may be dragging things out on purpose. Both sides to the contested elections – supporters of Jovenel Moïse, former President Martelly’s hand-picked successor, and the opposition party’s Jude Célestin – are mobilizing crowds, some numbering thousands, for almost-daily protests.  Calls for Privert to resign are growing intense as suspicions of his own ambitions and imputed bias for or against one of the candidates surge.  Several dozen gunmen, allegedly directed by an enemy of Privert, shot up a police station in the southern city of Les Cayes earlier this week, resulting in six dead.
  • International reactions to Privert’s delays have been mixed but predictably of frustration.  The former leader of an official OAS mission to Haiti in early April supported the verification process, and OAS Secretary General Almagro said recently that elections “shouldn’t be rushed.”  But U.S. Secretary of State John Kerry last month condemned “this process of delay” and urged Haiti’s “so-called leaders” to act.  His Special Coordinator for Haiti Affairs, veteran diplomat Kenneth Merten, called the new verification process a “black box” and said it was “opaque and non-democratic.”

The political mess coincides with other serious challenges.

  • The World Food Program (WFP) is increasingly concerned about hunger caused by a three-year drought, aggravated by El Niño, and the country’s economic situation. Some 3.6 million Haitians (one third of the population) face “food insecurity,” including 1.5 million who are “severely food insecure.”  A U.S. program to send Haiti surplus peanuts, which is one of Haitian farmers’ most successful crops, has deflated prices and further hurt local food production.
  • Shortages of medical supplies, worsened by corruption, have prompted doctors to conduct strikes. High-profile cases, including the death of a bleeding pregnant woman at the entrance of the Port-au-Prince General Hospital, have led to dramatic demonstrations, on at least one occasion parading around a victim’s corpse.
  • Fear of spread of the Zika virus is rampant. The University of Florida recently confirmed that Zika was present in Haiti before the outbreak in Brazil last year.  (Carried by the same mosquito, Aedes aegypti, it was mistakenly identified as chikungunya, which has almost identical symptoms except microencephaly.)  Haiti’s cholera epidemic, which has killed 9,200 people since 2010, continues to claim about 50 lives a month, according to some estimates.

The usual threats by the United States and Haiti’s other international partners to suspend aid if the government doesn’t resolve the political impasse have been muted presumably because they’re unlikely to be credible while such major threats to Haitian citizens’ wellbeing loom large.  Haiti’s political and economic elites assume that the outsiders will care for the Haitian people and continue bailing the country out while they pursue their internecine struggles.  Former President Martelly, who is not free from blame for the elections impasse, has been in Miami these days to promote his autobiography ($50 a copy) and reestablish himself as a naughty boy Kompa musician.  The international community is, once again, in a lose-lose situation.  A previous caretaker government, headed by Gérard Latortue, lasted two years (2004-2006).  The United States and others can ill afford a deeper humanitarian disaster, so while Haitian elites fiddle, outsiders will try to put out the fires.

May 19, 2016

Lobbying Washington: Does it Work?

By Aaron T. Bell*

LatAm Lobbying

Photo credits: Jack Says Relax & AlexR. L., respectively / Flickr and Wikimedia Commons / Creative Commons

Latin American governments, political parties, and business associations have a long history of turning to U.S.-based lobbying, legal, and public relations firms to advance their interests in the United States – with mixed results.  Both national and multinational groups have been utilizing lobbyists since at least the 1940s, when the U.S. government began registering foreign agents.  Their most consistent goal over the decades has been to influence U.S. policy on foreign trade and investment, but they have also aimed to improve governments’ sagging reputation and protect them from adverse policies.  In the 1970s, a number of military regimes and right-wing political groups in Central and South America hired lobbyists to devise and implement strategies to counter criticism of their human rights record – to preserve trade and military assistance.

  • Some 30 Latin American countries and interests groups in 2010-14 registered foreign agents to influence U.S. policies. The Bahamas Ministry of Tourism spent the most, paying $128.9 million to promote tourism – as well as to monitor and speak with Congressional representatives about U.S. legislation related to transnational financial activities in which they are involved, such as the regulation of offshore tax havens and online casinos.
  • In 2013, Mexico ranked fifth worldwide, at $6.1 million. Both federal and local governments pay firms to burnish the image of their respective constituencies.  From 2010-12, for example, Mexico City worked with a firm to “enhance the image of Mexico City in light of recent negative media reports.”  In 2014, the Consejo de Promoción Turístico de México hired another company to “make Mexico an attractive destination.”
  • Ecuador, which at $1.1 million ranked twenty-second in 2013, spent nearly half a million dollars lobbying in support of the ultimately failed Yasuni rain forest oil drilling initiative.
  • More recently, the government of Honduras – burdened with the image as one of the most violent, corrupt, and crime-ridden countries in the world – hired lobbyists to “provide ongoing strategic counsel, media relations (proactive and reactive outreach), and third-party relations.” The firm, winning an initial one-year contract for $420,000, had just completed a nine-year relationship representing Russia.

A review of the U.S. Foreign Agents Registration Act (FARA) records indicates that foreign lobbyists represent almost exclusively governments, state agencies, and the private business sector, and that more popular civil-society actors – such as labor unions and indigenous organizations – are notably absent.  Even though foreign governments obviously judge the investment worthwhile, the impact of foreign-funded lobbyists is difficult to measure.  The Honduran government’s new push to burnish its image has paid off on Capitol Hill, according to observers, but a new initiative to reduce Honduran corruption doesn’t appear to have gone exactly as Tegucigalpa hoped.  Forced to respond to a protest wave calling for the creation of an independent investigative body similar to the Comisión Internacional contra la Impunidad en Guatemala (CICIG), the Honduran government agreed with the OAS to create the Misión de Apoyo Contra la Corrupción y la Impunidad en Honduras (MACCIH) as a collaborative effort.  MACCIH indeed lacks the independence – and the potential bite – that CICIG had, but it is significantly tougher than the Honduran President Juan Orlando Hernández initially proposed.  In this case at least, lobbyists have helped the government gain access and public relations points in Washington but didn’t get it off the hook entirely.

January 22, 2016

* Aaron Bell is an adjunct professor in History and American Studies at American University.