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.
Last year, Morales tried to expel the head of CICIG, Colombian prosecutor Iván Velásquez, but the Consitutional Court blocked the move.
Over the past week, the conflict has flared up again. On Friday, Morales said he would not renew CICIG’s mandate, which expires next year. The same day, Guatemalan military vehicles stood guard outside CICIG’s offices and descended on a central plaza. On Tuesday, Morales ordered that Velásquez, who has led CICIG since 2013, not be allowed back in Guatemala.
. On Tuesday, Morales ordered that Velásquez, who has led CICIG since 2013, not be allowed back in Guatemala.
.. While Velásquez remains in the United States, the work of CICIG continues, said a spokesman, Matias Ponce. The organization, which has about 200 staff members, is also waiting for the Guatemalan government to renew work visas of CICIG’s foreign staff, he said.
Apart from blocking Velásquez’s entrance into Guatemala, the Morales government this year removed 25 police personnel assigned to guard CICIG, cutting its security force in half.
Morales has argued that CICIG, as a foreign body that receives U.S. funding, constitutes a violation of Guatemalan sovereignty and that Guatemala’s own judicial institutions should be handling such graft cases.
CICIG works in conjunction with the Guatemalan attorney general’s office in building corruption cases.
In a letter to U.N. Secretary General António Guterres last week, Morales said CICIG has had more than “sufficient” time over the course of its mandate to achieve its goals.
.. “For some time now, there have been efforts to derail anti-corruption efforts in Guatemala and continued attacks against the commission and the commissioner,” said Adriana Beltrán, a Guatemala expert at the Washington Office on Latin America. Morales’s actions, she said, are “his attempt to protect himself, given the continuing probe against him.”
.. CICIG works in conjunction with the Guatemalan attorney general’s office in building corruption cases.
.. CICIG was set up in 2006 to bolster Guatemala’s weak judicial institutions. At the time, impunity was rampant in the country, and murders were hardly ever solved. The group, composed of investigators from around the world, used sophisticated investigative techniques, wiretapping and examination of financial records to pursue high-profile crimes. Its work became a model and inspiration in Latin America, where corruption often goes unpunished.
But CICIG has also been polarizing. Critics see it as overzealous and manipulated for political reasons. Earlier this year, Sen. Marco Rubio (R-Fla.) put on hold $6 million in State Department funding to CICIG, saying he was concerned that Russia had “manipulated” the group into pushing for the prosecution of a Russian family in Guatemala.
CICIG’s investigation against Morales had also been gaining steam. Last month, Velásquez, along with Guatemalan Attorney General María Consuelo Porras, asked the nation’s Congress to strip Morales of his immunity from prosecution. A congressional commission has been formed to weigh the request.
Republicans who spoke up this time should be asking themselves why a president of their party felt he was enforcing its principles by breaking apart families and caging children.
.. But many, many other party leaders have been venturing ever deeper into the dank jungles of nativist populism for quite some time, exploiting the politics of fear and resentment. Mr. Trump did not invent Republican demonization of “the other” — it came about in two ways: gradually, and then all at once.
.. From the early 1990s to 2000, the conservative firebrand Pat Buchanan kept the Republican Party on its toes, running for president three times with an explicitly isolationist message.
.. But it was during the George W. Bush years that anti-immigrant sentiment started to become more central to the party’s identity.
.. Mr. Bush made comprehensive immigration reform a priority of his second term.
.. Conservative talk radio took up the cause, smacking Mr. Bush as squishy on immigration. The very concept of comprehensive reform became anathema to many on the right.
.. The Great Recession that Mr. Obama inherited did nothing to quell nativist resentment among working-class whites, and the rise of the Tea Party pulled the Republican Party further to the right
.. Just ask Senator Marco Rubio, the Florida Republican, who saw his fledgling political career almost snuffed out by his flirtation with comprehensive reform
.. in the wake of Mitt Romney’s presidential loss in 2012, after which the Republican Party briefly decided that one of its principal goals was to improve its image with Hispanic voters.
.. The resulting plan would have done everything from beefing up border security to overhauling visa categories to promoting a merit-based immigration system.
It also provided for the legalization of undocumented immigrants, which meant conservatives hated it.
.. the bill cleared the Senate by an impressive 68-to-32 vote. But John Boehner, then the House speaker, refused to bring it up for a vote in the Republican-controlled lower chamber.
.. Mr. Rubio became a pariah to the Tea Party voters who had propelled him to office three years earlier. Soon, he was denying that he had ever really supported the bill.
.. Party leaders fanned those flames, accusing Mr. Obama of being imperious and “lawless.” In one bit of twisted logic, Mr. Boehner argued that the House couldn’t possibly take up reform legislation because it couldn’t trust Mr. Obama to carry out said legislation.
.. Along the way, Republican candidates continued to play to their base’s darker impulses. On the whole, the rhetoric was subtler than that of the current president
.. Steve King, Republican of Iowa, painting Dreamers as drug mules with “calves the size of cantaloupes because they’re hauling 75 pounds of marijuana across the desert.”
.. Mo Brooks, Republican of Alabama: “I’ll do anything short of shooting them”
.. Nor was Mr. Trump the first Republican to promote the idea that within every immigrant lurks a murderer or terrorist.
.. Louie Gohmert, Republican of Texas, ran around warning of what came to be mocked as the great “terror baby” plot. As Mr. Gohmert told it, radical Islamists were plotting to impregnate droves of young women, who would infiltrate the United States to give birth here. The babies would be shipped back home for terrorist training, then return as adults to wreak havoc on an unsuspecting America.
.. Time and again, given the choice between soothing and stoking nativist animus, Republican lawmakers chose the low road.
.. And he has even less interest in addressing the root causes of migrant families flocking to the border.
.. In 2016, the Department of Homeland Security reported, “More individuals sought affirmative asylum from the Northern Triangle Countries (El Salvador, Guatemala and Honduras) in the last three years than in the prior 15 years combined.”
.. Helping these nations stabilize themselves is key to reducing the flow of asylum seekers. But Mr.
Trump does not like complexity or long-term strategizing.
He prefers casting blame and making threats.
.. In the administration’s budget proposals, it has sought deep cuts in aid to these countries — something Congress has wisely ignored. Removing a financial lifeline from nations already in chaos is hardly a recipe for progress.
.. Mr. Trump’s move to kick out as many people who are from these countries as possible threatens to overwhelm nations ill equipped for such an influx. And without the money that many of the immigrants living here regularly send back to their families, the economies of these countries would further crumble.
.. In 2016, 17 percent of El Salvador’s gross domestic product came from remittances from abroad.
.. America’s immigration mess is not going to be cleaned up anytime soon.
.. conservatives are terrified that the base will punish them if they concede even an inch. Speaker Paul Ryan, with one foot out the door, has no juice. And pretty much everyone assumes that nothing will move through the Senate anyway.
.. Trump is planning fresh crackdowns in the run-up to the midterms, to reassure his base that he has not lost his resolve. If anything, given the fragility of his ego, last week’s flip-flop will make him all the more desperate to prove his strength.
.. Mr. Trump is more a breaker than a fixer.
.. The question now is whether the conference will learn anything useful from this episode.
.. There is also his
- politicization of law enforcement, his
- attempts to undermine public faith in the democratic process, his
- attacks on the press, his
- family’s suspect business dealings and his
- habitual lying
.. this is unlikely to be the last time the president puts members of his party in an uncomfortable, and perhaps untenable, position.
.. The weight of this moment should be recognized. Mr. Trump’s capitulation was not a given. With a little less media scrutiny, fewer heartbreaking photos and fewer calls from angry voters, tent cities could have kept on filling with traumatized children.
.. Having done so much to pave the way for Mr. Trump and his immigration policies, they now owe it to the American people to help keep him in check.
Rep. Trey Gowdy (R-S.C.) has spent the better part of the past 15 hours poking holes in President Trump’s dubious trial balloon about a spy in his campaign.
Gowdy, who was one of the few people to get briefed on the situation last week, told Fox News on Tuesday night that the briefing vindicated the FBI: “I am even more convinced that the FBI did exactly what my fellow citizens would want them to do when they got the information they got, and that it has nothing to do with Donald Trump.”
.. Even House Intelligence Committee Chairman Devin Nunes (R-Calif.), Trump’s most important ally in the House, has been quiet since receiving the briefing alongside Gowdy. That, perhaps more than anything, speaks volumes.
.. But we’ve been here before, and the lack of any real backup for Trump’s claims hasn’t stopped the GOP base from buying into them.
.. Few top Republican members of Congress are calling the Russia investigation a “witch hunt,” as Trump has, yet 82 percent of Republican voters and 44 percent of all Americans believe it is.
The Nunes memo that alleged a political and abusive predicate for the Russia probe wasn’t exactly embraced by Republicans, but it has contributed to Trump’s narrative.
.. Almost none of these conspiracy theories have been embraced by the broader, official Republican Party. Almost all of them have broken through, thanks to Trump’s singularity, his saturation of media coverage and the lack of a concerted pushback beyond people like Gowdy, Graham and Rubio
.. Gowdy is not seeking reelection after this term, so he does not have to worry about the political consequences of speaking out against Trump.