Hold the applause for Mr. Uribe – just yet

Special to Globe and Mail Update, Wednesday, Jun. 10, 2009

Canada shouldn’t just assume a free-trade deal with Colombia will mean a stronger democracy; it should invest in making sure it does

By Maxwell A. Cameron, Ana Maria Bejarano, Felipe Botero, Eric Hershberg, Gary Hoskin

President Alvaro Uribe’s visit to Montreal today to address the International Economic Forum of the Americas provides a useful occasion to reflect upon the precarious state of Colombian democracy.

Canada has negotiated a free trade agreement with Colombia. The agreement, which is pending parliamentary approval, affirms the commitment of both countries to “respect the values and principles of democracy.”

Canadian officials have argued that the agreement will help to create a “more prosperous, equitable and secure democracy” in Colombia.
The claim that Colombia is making progress as a democracy should be based on clear standards and solid evidence. Both are readily available. Canada and Colombia are both signatories of the Inter-American Democratic Charter. Work by both Colombian and Canadian-based scholars under the aegis of the Andean Democracy Research Network provides relevant factual evidence. We make three points.

FREE, FAIR ELECTIONS

First, the Democratic Charter upholds the principle of “periodic, free, and fair elections.” Although elections are held periodically in Colombia, and turnout is good, campaigns are neither entirely clean nor fair. Voters are often intimidated, especially in rural areas. Close ties between more than 80 members of congress and paramilitary groups have been, or are currently being, investigated. Many of these tainted legislators belong to the President’s camp.

Without them, he does not have a majority on congress. In light of these problems, we concur with the United Nations Development Program’s Electoral Democracy Index, which places Colombia last among a list of 18 Latin American democracies.

SEPARATION OF POWERS

Second, the charter also upholds the “separation of powers and the independence of branches of government.” Here, curiously, Colombia performs somewhat better, but hold the applause for President Uribe.

In parts of Latin America elections are free and fair but elected leaders rule like autocrats. In Colombia, elections are neither entirely fully free nor fair, yet the constitutional order is remarkably robust in light of the level of political violence that has afflicted the country over the past 40 years. For example, Colombia has one of the most vigorous and independent judiciaries in Latin America.

Yet, Mr. Uribe has battled the high courts quite consistently, attempting to reform and curtail their powers. He has appointed people who are close to him and share his views to head those agencies in charge of checking the powers of the president. A constitutional amendment allowed Mr. Uribe to be re-elected in 2006; if a future referendum clears the way for yet another term, he will be in a position to extend his reach into the judiciary, making investigations of human-rights abuses more difficult, and to roll back the powers of the courts to uphold the rights of citizens. He will also be in a better position to persecute his opponents.

HUMAN RIGHTS

Third, Colombia’s biggest challenge is to respect human rights and fundamental freedoms. Journalists and trade unionists have been targets for assassination, and as many as three million people have been displaced from their homes as a result of the struggle between guerrillas, drug traffickers, the military and paramilitary groups.

Worse still, there are numerous ongoing investigations into macabre extrajudicial killings of civilians by the soldiers who present the bodies of their victims to inflate the “body count” and win promotions or bonuses.

Taken together, the picture that emerges is of an electoral democracy of low quality that has suffered as a consequence of widespread violence, the persistent violation of citizenship rights, and a President bent on expanding executive power.

WHAT SHOULD CANADA DO?

Should Canada reward Colombia’s rulers with an agreement that they will portray as an endorsement of their legitimacy? A parliamentary committee has called for a full independent assessment of the human-rights situation in Colombia before the free-trade agreement is in place.

We concur that approval of the agreement should be postponed until Colombia can demonstrate that there will be no further deterioration of the state of human rights and democracy.

We also believe that Canadian aid priorities should reflect a commitment to democracy and human rights. In a move not unrelated to the negotiation of the trade deal with Colombia, the Canadian government has announced more foreign aid for Latin America and, specifically, Colombia.

If Canadian tax dollars are going to be spent on a middle-income country, they should aid Colombian civil society organizations in their efforts to foster conditions for the free and safe exercise of citizenship rights.

The fact that Colombia has preserved its electoral democracy should be celebrated, but not taken for granted. Rather than assume a free-trade agreement will create a more secure, equitable and prosperous democracy, Canada should make an investment in ensuring that this happens.

Maxwell A. Cameron teaches comparative politics (Latin America) and international political economy at the University of British Columbia.
Ana Maria Bejarano is an associate professor of political science at the University of Toronto. She is the author of Precarious Democracies.
Felipe Botero is an assistant professor in the Department of Political Science at Universidad de los Andes in Bogota and editor of Colombia Internacional.
Eric Hershberg is a professor of political science and director of Latin American Studies at Simon Fraser University.
Gary W. Hoskin is professor emeritus at Los Andes University, where he was director of international relations. His current research focuses on the 2006 elections in Colombia.

Flash Report-Ecuador’s elections

Ecuador Elections (English)Spanish-language version of Santiago Basabe Serrano’s  Flash Report on Ecuador’s Elections is available for download.

English version of the Flash Report on Elections in Ecuador also now available.

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Ecuador Flash Report

Venezuelans eliminate term limits for president

On Sunday, February 15, 2009, Venezuelans approved a referendum that modified the country’s constitution, allowing elected officials to run for office indefinitely. This most notably will permit President Hugo Chávez to run for continuous six-year terms, beginning in 2012, when his present term expires. At that time, Chávez will have served as president for 13 years.

According to Venezuela’s National Electoral Council, the referendum was approved by 54.36 percent to 45.63 percent (with 94 percent of the votes counted); almost 70 percent of the electorate went to the polls.

“Si” and “No” campaigns dominated Venezuelan news in the run-up to the referendum. The opposition expressed its fears that passage means Chávez will be president indefinitely, while the president’s supporters underlined that he would need to be popularly elected every six years to do so.

Although numerous countries do not have term limits for their heads-of-state, including many advanced democratic states, this is most common in parliamentary systems. Writing for the Guardian, Maxwell Cameron highlights how the elimination of term limits poses a particular problem in presidential systems, especially in the context of Latin America:

“Presidential re-election is controversial for reasons of both history and institutional design. Historically, Latin American political leaders have tended to concentrate great power in the hands of the executive branch of government. Repeated military interventions in politics throughout the 20th century reinforced the tendency toward overweening executives. A habit of continuity (the term in Spanish is continuismo) developed, in which leaders sought to monopolise all powers while in office. In response, a taboo on re-election emerged.”

The full Guardian article by Maxwell A. Cameron is available here.

Download the Andean Democracy Research Network’s latest Flash Report on the Referendum in Venezuela (PDF) here.

Bolivians approve new constitution

On January 25, 2009, Bolivians approved a new constitution, voting 61 percent in favor and 39 percent against, realizing a long-standing demand of Bolivian social movements and fulfilling a principal campaign pledge of President Evo Morales. The 411-article constitution represents an attempt to break with Bolivia’s colonial past, and the legacy of poverty and exclusion that plagues much of the country’s indigenous majority. Among the key features of the new constitution are provisions that (a) give greater rights to indigenous peoples (in such areas as recognition, systems of justice, education, religion, language and territory), (b) provide the state greater control over the economy (notably, over the country’s natural resources), (c) secure access to health care, education, food and water as ‘rights’, and (d) permit the president to sit for two consecutive terms. In the case of Morales, this allows him to stand for one additional term in an election to be held later this year. Additionally, Bolivians voted overwhelmingly to limit large agricultural land holdings to 5,000 hectares (12,355 acres), although this will not be applied retroactively to those who already hold large tracts of land.

Constitutional approval came despite strong criticisms from business and autonomist groups in the eastern departments of the media luna that the Constituent Assembly’s drafting and ratification process was illegal, as well as objections by social movements and organizations that too many concessions were made to appease the opposition (such as lack of retroactivity in agrarian reform). Ethnic, class and regional cleavages produced recurrent conflicts throughout the process of writing and approving the new constitution, climaxing in the September 11, 2008 massacre of 20 pro-Morales campesinos in the northern department of Pando. Though it appeared at times that the gridlock was insurmountable, international observers, most notably from the Union of South American Nations (UNASUR), played an important role in breaking the impasse between Bolivian parties, resulting in a compromise that was approved by a majority of the Bolivian Congress in October 2008. That body will now have the task of legislating over dozens of issues that arise out of the new charter.

For further analysis by John Crabtree, click here.

The Andean Democracy Network prepared a report on run-up to the Referendum in Bolivia. Download the PDF by clicking on the link: Flash Report on Referenda in Bolivia


Flash Report-Bolivia Between Referenda: From Recall to Ratification of a New Constitution

Bolivia Between Referenda: From Recall to Ratification of a New Constitution


Download the English version here [pdf]

Descarga la versión en español aquí [pdf]