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Latin America’s Moment

Latin America’s Moment analyzes economic, political, and social issues and trends throughout the Western Hemisphere.

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An illegal gold mining camp is discovered in Madre de Díos during a Peruvian military operation in 2019.
An illegal gold mining camp is discovered in Madre de Díos during a Peruvian military operation in 2019. Guadalupe Pardo/Reuters

Illegal Gold Finances Latin America’s Dictators & Cartels. The United States Must Lead the Fight Against It.

Four policy ideas to curb illegal gold mining in the Western Hemisphere.

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South America
South America's Turn to Deadlock
Scholars of Latin America spent much of the first decade of this century discussing the causes and consequences of the region's turn to the left, under Venezuela's Chávez, Argentina's Kirchners, Brazil's Workers' Party, and other variants of leftist parties. It was therefore perhaps not surprising that as the left began to lose power in the second decade of this century, journalists and academics began to talk of the region's tilt to the right. But looking across South America's political landscape, it becomes apparent that the region hasn't really turned toward right-leaning politics as much as it has chosen deadlock. In country after country, the president is governing with either minority support in Congress, or will be perilously close to doing so after upcoming elections. In Peru, Pedro Pablo Kuczynski (PPK) narrowly won the presidency over Keiko Fujimori, but her Fuerza Popular party gained 56% of Congress. This majority, combined with the divided Left, has empowered the Fuerza Popular to block PPK at every turn, including by removing PPK's ministers or forcing them to resign. Argentina's President Maurício Macri was able to move forward on a variety of reforms in his first year, but now faces a rockier outlook. Four months away from midterm elections that will be crucial to the fate of his market reforms, the ever-surprising former president, Cristina Kirchner last week announced that she was founding her own Unidad Ciudadana party, and declared herself a candidate for an open Buenos Aires Senate seat that she will contest against a close Macri ally. As one local pundit summarized the situation, Macri needs to defeat Kirchner to finally become president and convince investors fearful of a return to populism; Kirchner needs to destroy the Macri presidency if she is to have a political future. The midterm elections are widely thought to be a bellwether for the 2019 presidential election, but although some Macri gains are anticipated, it is not clear such gains would lead to a change in the balance of power in Congress that would enable Macri to move as quickly and surely on reform as he might wish. Brazil's stand-in president, Michel Temer, has lost all capacity to govern the fragmented Congress, whose members are running scared of losing their heads either from the sword of justice or the scimitar of popular disgust.  After some initial success on fiscal reform, social security reform is back on the back burner, labor reform has been narrowly blocked in committee, and tax reform, political reform, and other significant changes are a distant mirage. In Chile, Michelle Bachelet's approval ratings have been improving of late, and she hopes to move forward on same-sex marriage and infrastructure investment plans in her remaining months in office. She may yet do so, but her successor will likely have a harder time of it. Polling in the presidential election continues to tip between Chile Vamos' Sebastián Piñera and the Nueva Mayoria's presumptive nominee, Alejandro Guillier, who have each polled in the 20 to 25 percent range in recent months. The 155-seat lower house, and 23 of 50 Senate seats, are also pending in the November elections. Concomitant elections for the executive branch and much of the legislature may ensure the presidential winner has some legislative coattails. But the extreme fragmentation of this year's primaries, the breakup of the old anti-authoritarian coalition, declining voter turnout, and simmering protests raise questions about the political system's ability to manufacture a convincing legislative majority. This may matter less in Chile than in some parts of Latin America, given the broad Chilean consensus around economic policies, but it does suggest that governance under the next president will not be an easy matter. In Colombia, former presidents Álvaro Uribe and Andrés Pastrana are doing everything they can to make certain that the election campaign is polarized around the peace deal, thus continuing the back-and-forth between those critical of the deal and supporters of President Juan Manuel Santos' effort. The initial candidate of Uribe's Centro Democrático party, Oscar Ivan Zuluaga, has had to withdraw due to allegations in the Odebrecht case, but that does not seem to have weakened the "no" side's resolve. The more that fissures around the peace deal dominate the 2018 election cycle, the less likely that other issues will become a matter of debate. In a political landscape in which former vice president Germán Vargas Lleras leads, but no other candidate is yet a clear second-place contender, emphasizing the shortcomings of the peace deal makes strategic sense. But the longer-term upshot may be a deepening of the polarization that emerged around the October plebiscite on the peace deal. The path toward deadlock is by no means certain. But in a context of sluggish regional growth, a massive regional corruption scandal, declining trust in democratic institutions, and the fracturing of traditional political parties, the possibility of gridlock does raise red flags. Influential social scientists have long warned of the perils of presidentialism, with its tendency toward zero-sum politics and regime breakdown. Over the past twenty years, Latin America has largely managed to avoid these perils through coalition-making and consensus-building. But the region's susceptibility to stalemate suggests these may yet become tense times for the region's democracies.
NAFTA
If NAFTA Ends, Ford's Move to China Will Be Just the Start
Ford announced this week that instead of building its new Focus – the best-selling car in the world – in a new $1.6 billion dollar Mexico-based plant, it will ship cars for North American customers from China. Ford has promised that its decision won’t reduce its workforce. Yet even if that is true, American workers will lose. Today the compact Focus uses steel from Wisconsin, axles from Oregon, seatbelts from Indiana, grills from Michigan, tire pressure sensors from Tennessee, front-side shafts from North Carolina and Ohio, and the list goes on. With the shift, these raw materials, parts and components will be sourced and put together in Asia, eliminating dozens of U.S. based suppliers, and likely costing many of their employees their jobs. While assembly was scheduled to move from Michigan to Mexico, that would have ensured ongoing American employment – as over 40 percent of the value of vehicles “made in Mexico” comes from U.S. factory floors and U.S. offices. For products imported from China – as the new Ford Focus will be starting in 2019 – this number is a negligible 4 percent. Ford made the decision first and foremost for market reasons. China’s 28 million vehicle market is the largest in the world. And while U.S. demand for smaller cars has faltered, in China it is growing at a robust 4 percent annually. Already nearly half of the million Ford Focus models sold each year go to Chinese buyers. Importing vehicles isn’t an option as the United States doesn’t have a free trade agreement with China, so cars coming from abroad face a stifling 25 percent tariff. View full text of article, originally published in Americas Quarterly.
Corruption
Corruption Brief Series: Lessons from Guatemala
I am pleased to share the latest report in the Corruption Brief series from the Civil Society, Markets, and Democracy program at the Council on Foreign Relations. In this report, I focus on the case of the International Commission Against Impunity in Guatemala (better known by its Spanish acronym CICIG). In partnership with its Guatemalan counterparts, CICIG has successfully prosecuted senior government officials and achieved important reforms of the legal system. CICIG can be a model for other countries facing the challenge of deep-seated corruption and impunity, but donors must pay attention to ensuring that future CICIG-like bodies are politically independent, adequately funded, and assigned top priority within donors’ broader foreign policy and aid objectives. You can read the report here. 
  • Brazil
    Brazil’s Most Underreported Reform Battle
    With all of the turbulence in Brazil, observers can be forgiven for ignoring a potentially paradigm-shattering initiative that picked up speed last month: reducing politicians’ court privileges. Somewhere between 37,000 and 54,000 politicians nationwide enjoy special legal standing, known colloquially as the foro privilegiado. Sitting federal ministers and elected federal officials—more than 800 individuals in total—can only be tried in the Supreme Federal Tribunal (STF), a sclerotic court with little capacity, interest, or time to spare for criminal cases. When the STF seems to be nipping at their heels, furthermore, indicted politicians often simply resign, so as to see their cases start over in lower courts, buying them another decade or two of appeals. The result of this system has been practical immunity from prosecution: because of this extraordinary privilege and the slow pace of the courts, fewer than one in one hundred cases against politicians in the STF lead to conviction, meaning that there is little deterrent to the widespread looting of the public treasury and other crimes.  The uproar over the incendiary wiretaps of Joesley Batista overshadowed an important movement to limit these privileges and introduce a modicum of accountability for powerful public figures. While hearing a case against a former congressman at the end of May, STF justice Luís Roberto Barroso asked the full court to consider limiting special standing, restricting it to crimes committed during politicians’ terms that are related to their public jobs. He noted that more than 200 cases against politicians had run out the statute of limitations in the STF, and that another 500 cases were pending against roughly one-third of Congress. He was supported by the chief federal prosecutor, Rodrigo Janot, who noted that such limits would protect politicians from politically-motivated litigation, without permitting criminal abuses. Both argued that the limits on standing should be implemented immediately, and Barroso cited a study by the Fundação Getulio Vargas that suggests that such a change would eliminate 90 percent of the cases against politicians currently in the high court. Politicians are terrified of the STF’s initiative, not least because Judge Sérgio Moro (of Lava Jato fame) has shown that trial courts may be far less deferential toward big wigs than Supreme Court justices who share the same rarified Brasília air. The speed with which the high court moved forward on this discussion drove Congress to race forward on its own reform of special standing, which passed the Senate as a constitutional amendment at the end of May, and now heads to the Chamber of Deputies. If approved, the congressional reform would be a moderate improvement on the status quo, limiting the number of politicians with privileged standing, but it would also make it harder to jail those convicted of crimes, by requiring congressional approval before they could be sent to prison. In the past, congressional approval for any investigation of its members has been rare, except in the most egregious of cases. It is a sign of the times that the STF has paused deliberation of the case, after President Michel Temer’s nominee to the court, Alexandre de Morães, asked for extra time to evaluate Barroso’s proposal. Meanwhile, Justice Gilmar Mendes, never one to mince words, tore into Barroso for his “institutional populism,”and called the FGV study an “academic fraud.”  The STF vote count stands at four in favor of eliminating special standing and seven votes pending. Of those seven, Morães, Mendes, and two others seem inclined to vote against change. That leaves three relatively moderate and pragmatic justices as swing votes, suggesting that reform could narrowly pass. This calculation may help to explain Justice Morães’ logic in asking for additional time to study the proposal: under the informal rules of the STF, Justice Morães is permitted to take his time evaluating the case, which could stifle Barroso and other reformers for months, if not years. Congress, meanwhile, seems unlikely to continue pushing a reform of its own if the STF is not breathing down its neck. As this case demonstrates, the STF is now at the center of the hurricane in Brasília. Temperatures are likely to rise in the STF in coming weeks, as battle lines are drawn in the trials of high-level Lava Jato defendants, as well as — potentially— President Michel Temer. 
  • Americas
    From Venezuela to Argentina: The Situation in South America
    This afternoon, I had the privilege of speaking alongside Cynthia Arnson, Kellie Meiman Hock, and Michael Shifter on current events in South America. Our talk covered countries from Colombia to Argentina, and subjects from climate change to corruption. You can watch the conversation here.