Human rights officials and activists have warned that the rule of law in Guatemala is under threat after a UN-backed special prosecutor was banned from re-entering the country – the latest in a series of clashes between the government and an international anti-corruption commission.
The country’s human rights ombudsman, Jordán Rodas, said in a statement on Tuesday that the government’s actions destabilize the rule of law, and expressed his dismay at “the arbitrary measures of the Government of the Republic that undermine democracy”.
Anti-corruption activists fear that the pioneering anti-corruption work of the UN-backed International Commission Against Impunity in Guatemala, Cicig, is now at risk.
Guatemala’s current president, Jimmy Morales, and his family are also the subject of multiple corruption investigations. On Friday, Morales announced he would not renew Cicig’s mandate, which ends in September 2019.
A staunch US ally, Guatemala was one of the handful of countries that backed Trump’s decision in December to recognize Jerusalem as the capital of Israel and moved its own embassy to the city just two days after the US relocated its diplomatic mission.
In the past, the US has been among Cicig’s strongest supporters, but it has not clearly condemned Morales’s recent attempts to derail the commission’s work. In May, Senator Marco Rubio placed a hold on $6m of US funding to Cicig, claiming the panel was being manipulated by radical elements.
Cicig’s success in bringing down corrupt officials, judges and lawyers has soared during the five-year tenure of the head commissioner, Iván Velásquez.
But on Tuesday, the government announced that Velásquez, currently in the US, would not be allowed back into the country, alleging that he was a threat to order and public security.
“The decision to declare Cicig commissioner Iván Velásquez as a threat to national security is an absurdity. The only threat to national security is the arbitrary and illegal action of a ruler accused of accepting illegal financing,” Iduvina Hernández, the director of the Association for the Study and Promotion of Security in Democracy in Guatemala, told the Guardian.
Morales, a former TV comedian, has been accused of illicit campaign financing during his 2015 run for president and is currently facing proceedings in congress that could strip him of his immunity from prosecution, though previous attempts to do so have failed.
Last year, Morales declared Velásquez persona non grata, but a successful constitutional court challenge filed by the ombudsman Rodas reversed the measure.
Oswaldo Samayoa, a constitutional lawyer and university professor, considers the ban of Velásquez to be a violation of the 2017 ruling.
“It’s a violation of the principle of constitutional legality. It involves the disobedience of the president and therefore a crime has been committed,” he told the Guardian.
The opposition congresswoman Sandra Morán shares the widespread view that Rodas and the constitutional court are the targets of legislative reform under consideration this week in congress. The reforms would transfer powers from the supreme court to congress that can facilitate the ousting of officials, including constitutional court judges.
“If they replace one judge, the balance of power shifts,” Morán told the Guardian. “It would mean that they would have total control.”
Guatemala has a long history of authoritarian rule, particularly during a 36-year armed conflict in which US-backed state forces carried out acts of genocide against the indigenous Mayan population. Despite a 1996 peace deal, the conditions that led to the conflict remain, and the country’s fraught peace has been plagued by organized crime, drug trafficking, violence and corruption.
The UN secretary general, António Guterres, asked Velásquez to continue at the helm of Cicig from outside Guatemala until there is more clarity on the situation, the UN said on Tuesday.
But Jorge Santos, the director of Udefegua, a national human rights group, warned that there is a danger that Morales could disregard, dissolve or otherwise attack the constitutional court.
“Right now in the country there’s a really major risk of a return to the old patterns that gave rise to the Guatemalan dictatorship,” he said.
Jair Bolsonaro is a right-wing Brazilian who holds repulsive views. He has said that if he had a homosexual son, he’d prefer him dead; that a female colleague in the Parliament was too ugly to rape; that Afro-Brazilians are lazy and fat; that global warming amounts to “greenhouse fables.” He is nostalgic for the generals and torturers who ran Brazil for 20 years. Next Sunday, in the second round of voting, Mr. Bolsonaro will most likely be elected president of Brazil.
Behind this frightening prospect is a story that has become alarmingly common among the world’s democracies. Brazil is emerging from its worst-ever recession; a broad investigation called Operation Car Washhas revealed wanton corruption in government; a popular former president, Luiz Inácio Lula da Silva, is in prison for corruption; his successor, Dilma Rousseff, was impeached; her successor, Michel Temer, is under investigation; violent crime is rampant. Brazilians are desperate for change.
Jair Bolsonaro is a right-wing Brazilian who holds repulsive views. He has said that if he had a homosexual son, he’d prefer him dead; that a female colleague in the Parliament was too ugly to rape; that Afro-Brazilians are lazy and fat; that global warming amounts to “greenhouse fables.” He is nostalgic for the generals and torturers who ran Brazil for 20 years. Next Sunday, in the second round of voting, Mr. Bolsonaro will most likely be elected president of Brazil.
Behind this frightening prospect is a story that has become alarmingly common among the world’s democracies. Brazil is emerging from its worst-ever recession; a broad investigation called Operation Car Washhas revealed wanton corruption in government; a popular former president, Luiz Inácio Lula da Silva, is in prison for corruption; his successor, Dilma Rousseff, was impeached; her successor, Michel Temer, is under investigation; violent crime is rampant. Brazilians are desperate for change.
Against this background, Mr. Bolsonaro’s gross views are construed as candor, his obscure career as a congressman as the promise of an outsider who will clean the stables and his pledge of an iron fist as hope of a reprieve from a record average of 175 homicides a day last year. An evangelical Christian, he preaches a blend of social conservatism and economic liberalism, though he confesses to only a superficial understanding of economics.
Fascist politics bear particular and notably contradictory hallmarks:
ideas of equality are used to cloak discrimination;
demands for “law and order” camouflage growing corruption and official lawlessness.
Those descriptions are increasingly applicable to the current state of affairs in the United States, and, more extraordinarily, they mirror Obama’s comments at Urbana-Champaign. “Demagogues promise simple fixes to complex problems,” he said.
“They promise to fight for the little guy even as they cater to the wealthiest and the most powerful.
They promise to clean up corruption, then plunder away.
They start undermining the norms that insure accountability, try to change the rules to entrench their power further.
And they appeal to racial nationalism that’s barely veiled, if veiled at all.”
.. if we want to question our reliance on cooperators, we must be ready to question our very culture. Many of the people calling “witch hunt” today will tomorrow return to familiar law-and-order tropes. The president who decries “flipping” is simultaneously excoriating his opponents for being, as he sees it, soft on crime. Our vision of the criminal justice system is based not on reality, but on Nixonian rhetoric and Dick Wolf’s endlessly televised stories of heroic law enforcers fighting against shifty defense lawyers and sociopathic defendants. In short, flipping works because the culture tells us to trust prosecutors, police and even cooperators uncritically. Only a civic culture of healthy skepticism of prosecutors’ claims — a genuine appreciation for the concept of reasonable doubt — can change that.
.. But we won’t learn that skepticism from Trump, who routinely proclaims that the law protects criminals too much and that police should stop being gentle with them. His concern reaches only as far as his own skin and his own confederates. Serious criminal justice reform won’t come from partisan controversy. Today’s posturing critics of the system will vanish tomorrow. Only a bipartisan commitment to justice, fairness and the rule of law will protect anyone — let alone the president — from abuse of cooperation.