U.S.-Latin America: “Zero Tolerance” Makes Zero Progress

By Ernesto Castañeda *

Children and adults stand in a line

Central American migrant children and their parents. / Pride Immigration Law Firm PLLC / Wikimedia

U.S. President Donald Trump’s family separation policies, despite his June 20 executive action ending them, will have long-term negative consequences and will do nothing to stem the flow of migrants into the United States.

  • Hundreds of families remain separated. Families are detained indefinitely for applying for asylum or crossing into the United States.  Political outrage in the United States may be new, but these policies are not.  Millions of families have been separated across U.S. borders for many years.  After growing up without their parents, children who did not originally accompany migrating parents often attempt to reunify with them in the United States, resulting in the increase of unaccompanied minors that we have seen since 2014 and the surge in violence in Central America.
  • The Trump Administration’s policies fail to address the underlying causes of migration – violence, impunity, corruption, and poverty in sending countries and high U.S. demand for low-cost workers – which show no sign of abating. Many Mexicans and Central Americans are fleeing kidnappings, extortions, and death threats as they explain during credible-threat interviews that give them valid claims for asylum.  U.S.-backed militarized responses to drug trafficking have produced much of the violence and corruption in Mexico and Central America, generating asylum-seekers.  Beyond the traditional economic and social reasons, many recent immigrants are escaping violence, as they did during the Mexican Revolution and the political violence in Central America in the 1980s.

Family separation and the detention of unaccompanied minors in shelters are not new practices either.  What was new in recent months was the separation of families that come to the United States seeking asylum.

  • These forced separations cause the children lifelong trauma. The American Psychiatric Association recently stated that “the evidence is clear that this level of trauma also results in serious medical and health consequences for these children and their caregivers.”  Separation inflicts trauma on adults too; parents suffer from being away from their children due to their decision to migrate.

The logic behind “zero tolerance” is to discourage migration by making conditions as miserable as possible for intending migrants – building psychological walls as well as the physical wall that Trump has pledged to build along the border with Mexico.  By ignoring the underlying causes of these movements of people, this approach is not only cruel but unlikely to be successful.  The concern is also misplaced, despite the increasing visibility of refugees and asylum-seekers in the media, as border apprehensions show a steep downward trend.

  •  The U.S. Congress has so far rejected solutions to the issue of family separation, such as creating larger guest worker programs, strengthening asylum courts, passing the DREAM Act, and demilitarizing responses to drug trafficking. Until the underlying causes of migration are addressed, Washington will be squandering its money prosecuting and causing lasting trauma for innocent children and parents.  Contrary to Trump’s claim that immigrants hurt U.S. culture, my research shows that immigrants are skillful at integrating into American life.  New pathways for legal immigration are the only way ahead to reduce undocumented migration.

 July 3, 2018

 * Ernesto Castañeda is an Assistant Professor of Sociology at American University and author of A Place to Call Home: Immigrant Exclusion and Urban Belonging in New York, Paris, and Barcelona (Stanford, 2018).

Colombia: Is the Peace Process Failing?

By Christian Wlaschütz*

A man stands on the right side of the frame with a large rifle

Members of the FARC in Tumaco, Colombia waiting to be disarmed last January. / Andrés Gómez Tarazona / Flickr / Creative Commons

As Colombia prepares for its presidential elections, the peace process with the FARC is already seriously jeopardized by shortcomings in its implementation —and it stands to worsen considerably.

  • The strong showing in polls of Iván Duque – nominee of Alvaro Uribe’s Centro Democrático (CD), which has consistently opposed the peace agreement – bodes poorly for implementation in the future. Former Vice President Germán Vargas Lleras is polling poorly, but his Cambio Radical’s antagonism toward the peace agreement enjoys support.  Leftist candidate and former Bogotá mayor Gustavo Petro, second in the polls, supports the accord, but he faces a steep uphill battle.  Centrist candidates Sergio Fajardo, former mayor of Medellín and governor of Antioquia, and Humberto de la Calle, chief negotiator with the FARC, have not been able to gain ground.  The polls do not enjoy much credibility but are influencing public perceptions on the peace process and other key policies.
  • The peace talks between the government and the country’s other main guerrilla group, the Ejército de Liberación Nacional (ELN), have been in a limbo since Ecuador withdrew as host and guarantor of the negotiations two weeks ago. Ecuadoran President Lenín Moreno made the announcement apparently in anger over the assassination of two Ecuadoran journalists by FARC “dissidents” (those rejecting the accords) and over the increasing criticism among locals of the worsening security situation in the border region with Colombia.  It was a big blow to Colombian President Santos’s hopes to conclude an agreement with the ELN during his mandate.  The peace talks have been suspended several times in the past due to bombings and kidnappings, but most observers believe it will be very difficult for talks to resume without Ecuador’s facilitation.

A serious challenge to political consensus to push ahead with the peace process is the dramatic decline in security in several Colombian regions, most notably Catatumbo (near the Venezuelan border) and Tumaco (on the Pacific Coast).  As experts had foreseen, the vacuum left by the FARC’s demobilization was quickly filled by the ELN and criminal organizations linked to the drug trade.  In Catatumbo, a hitherto irrelevant force, the “dissidents” of the Ejército Popular de Liberación (that is, those who did not demobilize with EPL in 1991), have taken advantage of the opportunity to conduct a deadly war against the ELN.  According to the weekly Semana, the dissidents may be supported by the Mexican Clan del Golfo cartel that wants control of strategic corridors for the drug trade.  Armed actors are sowing fear by declaring and suspending curfews at random; the state seems completely absent.  In Tumaco, bloody battles between FARC dissidents, other criminal groups, and state security forces are terrorizing the civilian population.  In these and other regions, threats against community leaders and assassinations are increasing.

  • Deficient implementation of reintegration programs for former FARC combatants is a major concern. Most former combatants are in a limbo regarding their judicial, economic, and social situation.  Lessons learned from the demobilization of paramilitary fighters some 14 years ago have not been applied, and lagging reintegration is tempting fighters to join other illegal actors.  The possible extradition of FARC leader Jesús Santrich to the United States on drug-related charges is also undermining demobilized combatants’ confidence that they’ll get a fair deal.  Santrich has started a hunger strike and claims to prefer dying than being extradited.

Most worrying in the long run is the polarization demonstrated by the inappropriate behavior of most of the presidential candidates.  Instead of offering programs to lead the country into a different future, personal attacks and the settling of accounts are at the core of the campaigns so far.  Colombian society’s contract to integrate into national life an unarmed FARC, free to pursue change through peaceful, democratic means, has never been strong.  But a surge in opposition to the peace process and the former guerrillas – led by politicians without a viable alternative policy – could easily translate into irreversible blows for peace and democratic inclusion.  Colombia is at a risky and decisive crossroad.  The possibility to relapse into former times is real.

May 4, 2018

* Christian Wlaschütz is a political scientist, independent mediator, and international consultant who has lived and worked in Colombia, in particular in conflict zones in the fields of transitional justice, reconciliation, and communitarian peace-building.

Brazil: Will Marielle’s Murder Help Build Consensus on How to Reduce Violence?

By Marcus Rocha*

A woman with a microphone stands in front of a crowd

Marielle Franco campaigning in 2016. / Mídia NINJA / Wikimedia

The murder in March of Marielle Franco – a popular 38-year-old black, gay city councilor in Rio de Janeiro – has stirred outrage across Brazil, but debate over how to increase security has been stifled by political agendas and fake news.  Marielle and her driver were shot dead on March 14 in what press reports characterized as a professional hit job.  Some commentators have speculated it may have been retaliation for her outspoken criticism of the police and military deployments in the cities and favelas.  One of her final posts on Twitter called attention to police violence, citing the case of a young man gunned down by authorities while leaving church.

  • Tens of thousands of mourners took to the streets in Rio and other cities to protest. MC Carol, a black funk singer from favelas near Rio, reflects the popular anger with her immediate hit song entitled “Marielle Franco,” in which she sings:  “You [the system] want to kill us, control us / But you won’t silence us / even bleeding we gonna make it / marching and screaming / I’m Marielle, Claudia, I’m Marisa.”  (Original Portuguese below.)  Claudia and Marisa were women killed during police operations in favelas.

There is no consensus, however, over the meaning of Marielle’s death within a broader agenda of solutions to curb violence in Rio de Janeiro amid an escalation in federal intervention in the state, now entering its second month.  Proponents of President Michel Temer’s push to mobilize the military and other federal assets claim the Councilor’s murder justified the policy.  Opponents argue that Marielle’s assassination and other high-profile murders underscore that the mobilization has not worked, and, indeed, the deaths have fueled widespread skepticism.

  • A poll conducted by Folha de São Paulo newspaper shows these mixed feelings. Seventy-nine percent of interviewees say they support the federal intervention, but 71 percent believe that nothing has changed since it started.  Moreover, 22 percent of people living in affected communities fear the police more than they do drug dealers (16 percent).  Some 15 percent have more fear of milícias– the gangs, which often include former and current police that control much of people’s lives in these communities – and 13 percent of general criminals.  Of those polled, 28 percent say fear all of them equally.  Criminal activities like car theft and robbery have shown no sign of decline.
  • Complicating discussion of Marielle’s murder has been the torrent of fake news about her. Through Facebook pages and Whatsapp messages, far-right groups have spread unsubstantiated allegations that she had links to organized crime.  One Facebook page shows a woman and a man, supposedly Marielle and Marcinho VP, a famous drug dealer, as a couple.  Marco Feliciano, a rightwing preacher turned lawmaker, said during a radio program that Marielle’s death was “just another number” and offered a crude joke.  “They shot a leftist in the head in Rio de Janeiro,” he said.  “It took a week to die because the bullet didn’t find the brain.”  Brazilian justice directed Facebook and YouTube to remove some of the offensive profiles and videos, but fake news is still being shared through social networks.

President Temer’s official announcement that he intends to run for reelection in October deepens the political dimension of his militarized solution to the violence problem.  The federal intervention in Rio de Janeiro has become a key issue on his agenda, but the lack of results is undermining his efforts to shore up his historically low, single-digit approval ratings.  Investigations into Marielle’s murder haven’t identified any suspects yet, and there’s no discussion about changes to security laws or any other measure other than putting more army troops in the streets.  Despite the general outrage, the window for change opened after Marielle’s murder is closing fast.  The Brazilian political system is looking straight to general elections in October, and the speed and depth of the politicization of the assassination, aggravated by fake news, suggest prospects for serious discussion are nil.

[Excerpt from MC Carol’s “Marielle Franco”]

Vocês querem nos matar, nos controlar
Vocês não vão nos calar
Mesmo sangrando a gente vai tá lá
Pra marchar e gritar
Eu sou Marielle, Cláudia, eu sou Marisa

April 5, 2018

*Marcus Rocha is a CLALS Research Fellow.

MS13: Criminal Patterns Defy Traditional Solutions

By Steven Dudley and Héctor Silva*

Gang members gather behind bars

Incarcerated members of the MS13 in Sonsonate, El Salvador. / FBI / Creative Commons

The Mara Salvatrucha (MS13) is one of the world’s largest and most violent street gangs and – despite decades of law enforcement action in two hemispheres – it remains a persistent threat.  In a report based on three years of research released this week by CLALS and InSight Crime (click here for full report), we estimate that the MS13 has between 50,000 and 70,000 members concentrated in mostly urban areas in Central America or other countries with a large Central American diaspora.  In the United States, its strongest base is in the Los Angeles and Washington, DC metropolitan areas, but it is expanding beyond urban areas in California and along the Eastern seaboard from Boston to North Carolina.  The failure to understand the gang’s roots, organizational contours, and everyday dynamics have long hindered efforts to combat it.

  • The MS13 is a social organization first, and a criminal organization second. It creates a collective identity that is constructed and reinforced by shared experiences, often involving acts of violence and expressions of social control.  The MS13 draws on a mythic notion of community, with an ideology based on its bloody fight with its chief rival, the Barrio 18 (18th Street) gang.  In Los Angeles and El Salvador, gang “cliques” have developed some degree of social legitimacy by prohibiting predatory activities (such as domestic violence) in areas of influence where the state provides no protection.
  • The MS13 is a diffuse, networked phenomenon with no single leader or leadership structure that directs the entire gang. It’s a federation with layers of leaders who interact, obey, and react to each other differently depending on circumstances.
  • Internal discipline is often ruthless, but the gang has guidelines more than fixed or static rules. Haphazard enforcement leads to constant internal and external conflicts and feeds violence wherever the gang operates.  Gang-related murders (of which MS13 represents a fraction) are thought to represent around 13 percent of all homicides in the United States, and upwards of 40 percent of the homicides in El Salvador, Honduras, and Guatemala.  The violence at the heart of the MS13 builds cohesion and camaraderie among the dispossessed men and boys who comprise it and it has enhanced the gang’s brand name, allowing it to expand in size and geographic reach.  However, that extraordinary violence has also undermined its ability to enter more sophisticated, money-making criminal economies because partners see it as an unreliable and highly visible target.
  • The MS13 is a transnational gang, but it is not a transnational criminal organization (TCO), as it only plays a part-time role in drug-trafficking, human smuggling, and international criminal schemes. Its growing involvement in petty drug dealing, prostitution, car theft, human smuggling, and, particularly in Central America, extortion schemes nearly always depends on its ability to control local territories rather than to command trafficking networks that span jurisdictions.  Significantly, we’ve found no evidence that it is involved in encouraging or managing the flow of migrants from Central America through Mexico and into the United States.

The U.S. government has placed MS13 at the center of several policies that do not give sufficient weight to these key characteristics.  The gang’s violent activities have also become the focus of special gang units and inter-agency task forces across the United States, including the Department of Homeland Security (DHS), the Drug Enforcement Administration (DEA), and other agencies involved with federal, state, and local law enforcement.

Policymakers in the United States and Central America have devoted many millions of dollars to law enforcement programs aimed in part at eliminating MS13, but they have generally been reluctant to address the underlying causes of the group’s growth – exclusion and the lack of opportunity – that push youths into its arms.  Gang recruitment will continue to flourish until societies create a space in which young people find community, potentially created by NGOs, schools, churches, parents, and other members of the community.  In the United States, moreover, lumping all members with the most violent offenders, casting immigrants as criminals, and isolating gang-riddled communities inspires fear and reduces cooperation with local authorities.  The U.S. and Central American governments also empower MS13 by making it a political actor, either by negotiating truces with it (as San Salvador has) or by making it a center-point of immigration policies that have little to do with its fortunes (as Washington does).  The gang will prosper until governments base policies and programs on a realistic evaluation of its strengths, origins, and internal dynamics.

February 13, 2018

* Steven Dudley is co-director of InSight Crime and a CLALS Fellow, and Héctor Silva is a CLALS Fellow.  Their three-year research project was supported by the National Institute of Justice of the U.S. Department of Justice, but the report’s conclusions are their own.  The report will be the subject of a discussion entitled Inside MS13: Separating Fact from Fiction at the Inter-American Dialogue (Washington, DC) on Friday, February 16.  Click here for details.

Colombia: Effective Transitional Justice?

By Ana Isabel Rodríguez Iglesias*

A large open square surrounded by buildings in Colombia

A view of the Colombian Congress building. / Fernando Garcia / Flicr / Creative Commons

Just hours before its “fast-track” authority for such legislation expired, the Colombian Congress in late November approved legislation establishing the Special Jurisdiction for Peace (JEP) with a weaker mandate than envisioned in the peace accord.  It covers only armed combatants – and excludes the civilians who financed the paramilitaries and other irregular forces – and falls short of enshrining the authority of the JEP magistrates.  This outcome was the result of obstructionism not only by the opposition parties led by the Centro Democrático of former President Álvaro Uribe and its Conservative Party allies; current President Juan Manuel Santos’ political partners in Cambio Radical, including leader Germán Vargas Lleras, broke with the government several months ago and made criticism of the peace agreement a centerpiece of the presidential campaign.  After much wrangling, the watered-down proposal for JEP passed on November 29.

  • The Constitutional Court still has to rule on the constitutionality of the new law, but most provisions apparently face no opposition. The Court unanimously approved the law giving Congress the authority to form the JEP and ruled on some sensitive measures.  It confirmed, for example, that members of the FARC could participate in politics without first being judged by the JEP as long as they promise to submit to the tribunal.  The Court also said that the JEP will determine on a case-by-case basis if FARC politicians’ responsibilities are compatible with fulfilment of their sentences.  It left many details, however, to the Tribunal.
  • The most controversial point in the Court’s decision that provided the framework for the Congressional vote is that civilians and state agents outside the armed forces will not be under the JEP’s jurisdiction unless they opt to be (such as when they expect more leniency than from the ordinary judicial system). That includes businessmen and politicians who financed paramilitarism – a provision that the opposition and Cambio Radical fought hard for.  (During legal proceedings involving demobilized paramilitaries under the Justice and Peace Law, former combatants mentioned their civilian sponsors more than 11,000 times.)  Victims and human rights organizations have called the decision an attack on their interests and stated it will bring only more impunity in the post-conflict era.

The Congress also took steps that, on balance, weakened the JEP’s authorities.  It excluded from JEP processes any FARC members accused of sexual crimes against minors.  The ordinary judicial system will have greater difficulty investigating and corroborating facts and, combined with delays and problems with impunity, could very well fail to satisfy the rights of either victims or perpetrators.  Another change made by Congress was to disqualify JEP magistrates who had worked as lawyers on cases involving human rights and armed conflict during the last five years.  Critics claim this article is illegal because it changes the rules of the game months after the magistrates were selected based on specific requirements such as knowledge and professional experience in human rights law.  Even though the Constitutional Court most likely will declare the provision unconstitutional, the fact that Cambio Radical proposed these disqualifications raises the prospect of more tensions in coming months and the continued stigmatization of human rights defenders at time that many face security threats in the country.

Rhetoric during the peace negotiations and subsequent political skirmishes that the victims were front and center in the formation of the JEP is proving to ring hollow.  The JEP starts its mission weakened both by the Constitutional Court and now by Congress.  The magistrates will face strong political pressures, and the exclusion from proceedings of the sponsors of paramilitary violence, which during the war at times surpassed by far that of FARC combatants, already complicates matters.  Ensuring the rights of the victims, providing justice, and determining the appropriate role for former guerrillas in politics and their reincorporation into society will be no easy task.  It will be up to the Colombian people, through popular vote in elections next March, whether a successor government will improve implementation of the peace agreement and the administration of justice, truth, and reparation to the war’s eight million victims.

December 13, 2017

* Ana Isabel Rodríguez Iglesias is a Ph.D. Candidate in International Politics and Conflict Studies at the University of Coimbra (Portugal) and a CLALS Fellow.

The “Invisibility Bargain” Constrains Migrants’ Identities and Rights

By Jeffrey D. Pugh*

Colombian refugees carry groceries

Colombian migrants in Ecuador carry home groceries. / Michelle Snow / USAID / Flickr / Creative Commons

Migrants win tolerance for their presence in host countries by striking an “invisibility bargain” with local citizens – contributing labor but settling for constraints on their identities and political participation – that slows their integration and leaves them vulnerable to discrimination and violence.  Through surveys of Colombians forced into Ecuador by conflict and violence, I have found that migrants feel pressure to conform to host communities’ expectations of their economic contribution and political and social “invisibility.”  (Full text of my recent article in International Migration Review is here.)  Migrants whose visible characteristics and practices violate norms that the host society deems to be unacceptable or who engage in overt political claim-making on the state often risk sparking a nativist backlash.  In response, Colombian migrants have employed a range of survival strategies:

  • Many who seek to integrate into Ecuadorian society sacrifice important elements of their Colombian identity, making a conscious effort to “unlearn” their accent, speak more softly and slowly, and use diminutive forms of speech to fit in better with Ecuadorians. Those who blend in better tend to have an easier time finding a job, getting housing, and building constructive relationships with Ecuadorians.
  • Others, particularly racial minority migrants, often choose to avoid contact with Ecuadorians, but this strategy of self-isolation removes them from potential spaces where they can negotiate access to rights, protection, and resources. Afro-Colombians are less likely than mestizo Colombians, for instance, to live in neighborhoods with mostly Ecuadorian neighbors.  As a result, they are less resilient against attacks or discriminatory behavior because they lack a support network in the host society.
  • Yet others employ a strategy that emphasizes the similarity between the experiences of Ecuadorian emigrants to Europe and Colombian immigrants in Ecuador. They propose a boundary-blurring strategy recognizing migrant rights everywhere and legitimizing migrants’ political participation in countries of both origin and residence.

The rhetoric of “universal citizenship” of former Ecuadorian President Correa (2007-2017) – a concept in which every person has a right to migrate and should therefore have access to basic rights – appeared to offer escape from the invisibility bargain and its consequences.  The 2008 Ecuadorian Constitution prohibited discrimination based on migration status and guaranteed refugees many of the same rights as Ecuadorians.  This “open borders” rhetoric promised a commitment to human security above national security and promoted a reciprocal protection to Ecuador’s large diaspora in Spain and the United States.  Crafted to undergird politically beneficial policies, however, Correa’s approach faced political constraints and was undercut by the populist nature of his government style – and made only limited progress at the level of implementation.  Surveys show that the legal distinction between refugees and other migrants is still lost in practice in Ecuador.  The formal institutions of democratic states fail to provide security for everyone living in their territory in their responses to constituent pressure to scapegoat migrants.

In the absence of concrete progress toward concepts like universal citizenship, migrants will continue to face the trade-off between maintaining their identities and customs and successfully integrating into host communities and gaining political rights and participation.  Although informal mechanisms of political participation pale in comparison to the exercise of full citizen rights, they can be important sources of protection and assistance.  The evidence from Ecuador shows that the frequency and quality of interaction between Ecuadorians and Colombians seem to influence their attitudes toward one another.  Migrants reporting daily interaction with Ecuadorians had nearly double the level of positive perceptions of the native population compared to those who interacted less frequently – and broader acceptance by local communities at least offers a glimmer of hope of liberating other migrants from the pain of the invisibility bargain in the future.

 October 25, 2017

*Jeffrey D. Pugh is an Assistant Professor of conflict resolution at the University of Massachusetts, Boston, and executive director of the Center for Mediation, Peace, and Resolution Conflict (CEMPROC).

NiUnaMenos Gains Momentum

By Brenda Werth* and Fulton Armstrong

marcha_ni_una_menos_1

Protesters gather in Buenos Aires, Argentina as part of the NiUnaMenos movement, which has sparked mobilizations across the country and in many other Latin American cities. / Wikimedia / Creative Commons

Protesters have taken to the streets in Argentina and elsewhere in Latin America to raise awareness about violence against women and girls, pushing for an end to machista culture.  News media estimate that a demonstration under the banner of NiUnaMenos – “not one less woman” due to femicide – in Buenos Aires last Wednesday drew tens of thousands of supporters dressed in black, despite freezing rain.  Other banners declared “We want to live” and demanded “No more machista violence.”  The immediate issue driving the protest was the brutal attack earlier this month on a schoolgirl in Mar del Plata – 16-year-old Lucía Pérez – who was drugged, raped, and tortured to the point of suffering cardiac arrest and died from internal injuries.

  • Argentina passed laws between 2008 and 2012 protecting a range of rights relating to human trafficking, violence against women, marriage equality, and gender and sexual identity, creating new space for discussion of the issue. But the Casa del Encuentro, an NGO that helps victims of gender violence, says that data through 2015 indicate that somewhere in Argentina a woman is killed every 30 hours.  The government’s Secretariat of Human Rights says that 19 women and girls were murdered in the first 18 days of October.  Argentine President Macri, challenged since early days of his administration to address the problem, has reiterated pledges to push legislation that would establish a hotline for reporting abuse and create more shelters for abused women as well as better ways of monitoring abusers.

Similar protests were held in Peru, Mexico, Bolivia, Chile, Paraguay, Uruguay, and El Salvador – with thousands of protesters in capital cities demanding an end to the systematic violation of women’s rights.  Chilean President Michelle Bachelet announced last week that she was joining the NiUnaMenos movement.  She condemned the murder of a 10-year-old girl asphyxiated, burned, and buried by her step-father.  Movement organizers cite research showing that violence against women is a serious problem in much of Latin America.  The Mapa da Violencia published by FLACSO Brazil last year shows that seven of the 10 countries with the highest female murder rate are in this region – with El Salvador (8.9 homicides per 100,000 women), Colombia (6.3), Guatemala (6.2), and Brazil (4.8) near the top of the list.

The demonstrations reflect growing global awareness of gender violence as a violation of human rights and that legislation, while helpful, is not enough.  NiUnaMenos and other groups are also rewriting the traditional definition of violence against women as attacks perpetrated by strangers rather than boyfriends, husbands, or family members – just as coverage of femicide in Mexico in the 1990s raised public awareness of gender violence as systematic and deeply structural as opposed to “every-day,” “familial,” and “private.”  NiUnaMenos is challenging “the culture of violence against women” in machista societies and condemning “the men who think that a woman is their property and they have rights over her and can do whatever they want.”  In Argentina, the mainstream media have stimulated much of the backlash, with reporting that exploits private details of victims’ lives and portrays victims in a manner that suggests responsibility for the crimes committed against them.  This recycling of the “algo habrá hecho” logic that circulated freely during the dictatorship coincides with a renewed focus in Argentine society on cases of torture during those years, treating them specifically as acts of sexual violence.  A week or two of protests obviously will not change ingrained culture, but the burgeoning movement highlighted by NiUnaMenos offers hope of continued progress in protecting the fundamental rights of women throughout the hemisphere.

October 24, 2016

* Brenda Werth is Associate Professor of World Languages and Cultures at American University.

El Salvador: Dealing with the New Reality of Violence

By Eric Hershberg

morazan-el-salvador

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

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

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

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

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

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

September 26, 2016

Haiti: Elections Better than Expected?

By Emma Fawcett*

Photo Credit: Haiti Innovation / Flickr / Creative Commons

Photo Credit: Haiti Innovation / Flickr / Creative Commons

Security and logistics for Haiti’s October 25 elections went much better than expected, but the results – preliminarily announced this week but likely to face challenges – will probably leave many Haitians disappointed.  With 54 presidential candidates and 6,000 other candidates for legislative and local positions, party monitors outnumbered voters at some polling stations.  The Observatory for Institutionalizing Democracy estimates that turnout was about 30 percent.  Despite sporadic demonstrations leading to the arrests of 234 people, the process was fairly peaceful.  Allegations of ballot stuffing persist but remain unsubstantiated – perhaps because the fraud has been better organized this time, according to some observers.

  • These elections were in sharp contrast to the long-overdue August 9 elections – the first round for legislative seats – which were disastrous. In August, 13 percent of voting centers were forced to close because of shootings, vandalism, and voter intimidation, while the Haitian National Police stood by.  Dozens of police officers failed to report to work or guard candidates (for which they were later suspended).  Voter turnout was a dismal 18 percent, as the chaos discouraged Haitians from voting.  Twenty-five of 119 first-round deputy races had to be repeated on October 25 because too many votes were thrown out due to violence and fraud.  Only eight deputies (out of 119) and only two senators (of 20 open seats) won races outright.

Electoral results are released more slowly in Haiti than practically anywhere else in the world because the ballots must be trucked to Port-au-Prince to be counted, and then the Provisional Electoral Council must process requests for re-tallies from 166 political parties.  Preliminary results won’t be known for several more days, and final results, which will reveal the names of the two candidates in the December 27 runoff, are expected in late November.  But the international community wants to declare the October elections a success, apparently eager to end the country’s stagnation since the parliament was dissolved earlier this year.  The newly arrived U.S. Ambassador to Haiti, Peter Mulrean, said in an interview that Haiti “really can’t afford to have that kind of stalemate” and expressed approval for the electoral process within the first few hours of voting.

Polls going into the October election showed, however, support divided among many candidates, and the results are likely to upset many Haitians.  Tough talk by four main candidates suggests difficult scenarios ahead:

  • If President Michel Martelly’s chosen successor, banana exporter Jovenel Moïse, wins, widespread protests are possible from Haitians angered by the current administration’s corruption. They will continue to claim U.S. interference. 
  • Jude Célestin, former head of the government’s construction ministry who was bumped from the 2010 runoff by an OAS recount, has vowed to ensure he makes it to the final round this time. Mid-October polls showed him with a considerable lead, commanding at least 30% of the vote.
  • Another major contender, former Senator Moïse Jean-Charles, has alleged that ballots with his name on them have been destroyed, and called for “either elections or revolution” at a rally with his supporters.
  • Fanmi Lavalas candidate, Maryse Narcisse, received a boost from former President Aristide in the final days before the vote when he joined her to campaign in downtown Port-au-Prince. Although Narcisse has struggled in the polls, her party was barred from the ballot in the 2010 elections, and so it remains unclear how they will fare this time.

Even assuming the transfer of power is peaceful, Martelly’s successor will face a number of critical challenges in addition to Haiti’s perennial ills, including a deportation crisis with the Dominican Republic, a cholera outbreak, languishing earthquake recovery, and a drought which has increased hunger. 

November 2, 2015

*Emma Fawcett is a PhD candidate in International Relations at American University.   Her doctoral thesis focuses on the political economy of tourism and development in four Caribbean case studies: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

Honduras: No Solution in Sight

Photo Credit: OAS / Flickr / Creative Commons

Photo Credit: OAS / Flickr / Creative Commons

CLALS and the Inter-American Dialogue this week hosted a conversation on the crisis in Honduras with experts Hugo Noé Pino, of the Instituto Centroamericano de Estudios Fiscales, and Carlos Ponce, of Freedom House, and about a dozen of some 80 participants spoke up.  The following are key analytical points that were broadly accepted during the 90-minute session.

Honduras is experiencing a multi-faceted crisis – economic, political, judicial, and security– that has grown steadily worse since the 2009 coup and shows no sign of abating.

  • Economic growth (1.5 percent per capita) is too low to alleviate the country’s severe employment problem (affecting half of the working-age population) and poverty (62 percent). Recent polls indicate that some 63 percent of all Hondurans would leave the country if they could.

Violence, corruption scandals, and the steady weakening of institutions dim prospects for a turnaround.

  • The over-concentration of power in the Executive, the remilitarization of law-enforcement and other security services, and the politicization of the judiciary have undermined what democratic foundation Honduras had built since the last military government stepped down in 1980. The economic and political elites, as well as the media they control, have further stifled political discourse.
  • The Sala Constitucional of the Supreme Court and the National Electoral Tribunal have been stacked to tightly control preparations for elections scheduled for November 2017, apparently with the intention of ensuring the reelection of President Juan Orlando Hernández.

The Honduran political class lacks the will to root out corruption, and is united in resisting developing the capacity and programs to do so.

  • The embezzlement of more than $300 million from the Social Security Institute – funneling part of these funds to the ruling National Party and a variety of fronts – led to the flight of the investigating fiscal (who left the country because of death threats to himself and his family) but little else. Indeed, the most significant law-enforcement actions, such as the indictment of members of the Rosenthal family on money-laundering charges, have come from the United States. Some 80 percent of crimes in Honduras go uninvestigated and unpunished; some reports put the figure as high as 96-98 percent.
  • A Comisión Internacional Contra la Impunidad en Honduras (CICIH), adapted from the successful CICIG model in Guatemala, would be a healthy way of addressing ongoing impunity while building investigative and prosecutorial institutions. The economic and political elites solidly oppose it.  Even if Honduras accepted a CICIH, alone it probably would not be a silver bullet.
  • The OAS’s planned “Mission to Support the Fight Against Corruption and Impunity in Honduras” (MACCIH) – announced in late September jointly with Honduran President Juan Orlando Hernandez – shows little promise of success. Its mandate will be to diagnose problems and write reports, not take action or facilitate a serious, inclusive national dialogue.

Opposition to the current Honduran government is strong and growing, but it has not yet institutionalized.

  • Peaceful marches organized by the Indignados and other organizations have mobilized tens of thousands of citizens outraged by government corruption and its inability to provide even basic citizen security. Among the masses have been an unprecedented number of middle-class and upper-middle-class persons – not seen during previous crises.
  • Opposition groups are still struggling, however, to coalesce into a viable, institutionalized political force. Sustaining effective leadership and overcoming pressure from the government and Honduras’s two traditional parties are difficult challenges for them.

There are no magic or quick solutions to the crisis.

  • Any solution would have many moving parts, including recognition by elites that their own assets are threatened by the deepening chaos. The government will have to be held accountable for corruption.  The judiciary will have to be strengthened and made independent.  The military will have to return to the barracks.  The media will have to be professionalized.  Civil society will have to be empowered.
  • The U.S.-sponsored “Alliance for Prosperity” is unlikely to help Honduras – and could make things worse if it doesn’t challenge the status quo. Honduran observers believe that the $250-plus million dollars from the program should focus on deep change – the product of a broad national dialogue – and should be conditioned on deep reforms, rather than working with just the sitting government, which has shown no willingness to reform.
  • U.S. cooperation in counternarcotics and other security operations might in some cases expose partnered services to U.S. respect for human rights and democratic institutions, but the resources transferred in the process also serve to strengthen them and make them more independent of civilian authority.

October 15, 2015

* Correction: The first sentence of the article originally stated “CLALS and the Inter-American Dialogue this week hosted a conversation on the crisis in Honduras with experts Hugo Noé Pino, of the Instituto Centroamericano de Estudios Fiscales, and Carlos Ponce, of Freedom House, and a dozen speakers from among over 80 participants.” It was edited to clarify that “about a dozen of some 80 participants spoke up.”