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Corridor of Violence: The Guatemala-Honduras Border
Corridor of Violence: The Guatemala-Honduras Border
Table of Contents
  1. Executive Summary
Crutch to Catalyst? The International Commission Against Impunity in Guatemala
Crutch to Catalyst? The International Commission Against Impunity in Guatemala

Corridor of Violence: The Guatemala-Honduras Border

Ending bloodshed in this neglected border region requires more than task forces: credible institutions, access to state services and continuing security are also needed.

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Executive Summary

One of the most dangerous areas in Central America is located along the border of Guatemala with Honduras. The murder rate is among the highest in the world. The absence of effective law enforcement has allowed wealthy traffickers to become de facto authorities in some areas, dispensing jobs and humanitarian assistance but also intimidating and corrupting local officials. Increasing competition over routes and the arrest or killing of top traffickers has splintered some criminal groups, empowering new, often more violent figures. President Otto Pérez Molina has promised to bolster Guatemala’s borders with joint police/military task forces, but the government must also take immediate, comprehensive efforts to bring rule of law and economic opportunity to its long neglected periphery.

Over the past decade, drug routes through Central America have become more viciously competitive. The Mexican government’s offensive against the cartels forced traffickers to land drugs first in Central America. The entry point of choice is often Honduras, where the 2009 coup weakened already fragile institutions of law enforcement and justice. Its long Atlantic coastline and remote interior plains, with little population or infrastructure, offer the ideal environment for drug boats and small planes to operate undetected.

From Honduras, the drugs pass into Guatemala, where family trafficking networks working with Mexican cartels transport them overland toward U.S. markets. These networks have traditionally operated under the radar, corrupting government officials and co-opting popular support, but they have come under stress as a result of the struggle for routes and pressure from the government. An emboldened public prosecutors’ office, under the leadership of former Attorney General Claudia Paz y Paz and with the help of the UN-sponsored International Commission Against Impunity in Guatemala (CICIG), arrested both Mexican operatives – especially members of the hyper-violent Zetas cartel – and top Guatemalan traffickers wanted on charges in the U.S. The capture of these local drug lords has shaken once powerful organisations, allowing a new generation of sometimes more violent criminals to emerge.

The arrest of suspected drug lords can be a mixed blessing for the residents of some border communities. One of the hardest hit networks is that of the Lorenzana family in the department of Zacapa. The family patriarch, Waldemar Lorenzana, was arrested in 2011 and extradited to the U.S. in March 2014. Authorities also arrested two of his sons on U.S. charges, while a third is a fugitive with a $200,000 reward on his head. The Lorenzanas deny that cocaine smuggling is the source of their wealth, citing their legitimate businesses such as fruit-exporting. Some Zacapa residents complain that the arrests of Waldemar and his sons have cost jobs and sparked a struggle among splinter groups for dominance.

These less well-known but still powerful groups continue not only to move drugs but also to create other illegal enterprises, such as loan sharking and local retail drug sales, thus fuelling further violence. Their wealth and firepower make them de facto authorities, admired by some and feared by many. Residents of Zacapa and Chi­qui­mula departments often assume police and local politicians have been paid off or intimidated by powerful criminals. A climate of distrust taints politics and inhibits journalists and other civic actors from holding local leaders accountable.

The Pérez Molina government has created inter-institutional task forces for border areas that include military troops, civilian police, prosecutors and customs officials. This is a first step toward bringing security to the border, provided the units are under civilian control and respect human rights. Bringing security to these regions, however, also requires building credible, democratic institutions. Local police should be vetted and held accountable, while given the resources and training to arrest powerful criminals. Local politicians should be required to report campaign contributions and also given public resources so their constituents can rely on government – not criminal bosses – for vital services and humanitarian assistance.

An urgent shift in national policy is required: the government should send not just troops and police to border regions, but also educators, community organisers, social workers, doctors and public health officials. Guatemala and Honduras should learn from regional experiences, such as the border development programs in the process of being implemented in Colombia, Ecuador and Peru. Honduras, where overall levels of violence are higher and institutional capacity weaker, is in particularly dire need of assistance. Donors – especially the U.S. – should put their money, training and technical aid behind public security and violence prevention on the border rather than focusing primarily on controls and interdiction.

People hold national flags as they take part in a demonstration in demand of Guatemalan President Otto Perez's resignation, in Guatemala City, on 22 August 2015. AFP/Johan Ordonez
Report 56 / Latin America & Caribbean

Crutch to Catalyst? The International Commission Against Impunity in Guatemala

Dramatic changes upended Guatemalan politics in 2015. Forcing the pace were international prosecutors, bolstered in their fight against corruption and impunity by a great wave of support from ordinary citizens. If Guatemala’s national reforms continue when outside help leaves, it can become a true role model for the region.

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Executive Summary

Guatemala – one of Latin America’s most violent, unequal and impoverished countries – is enjoying a rare moment of opportunity. A new president, Jimmy Morales, bolstered by a landslide victory, has taken office promising to end corruption. The old political elite is in disarray. Emboldened citizens are pressing for reforms to make justice more effective and government more transparent. Behind these changes is a unique multilateral experiment, the UN-sponsored International Commission Against Impunity in Guatemala (CICIG), whose investigators work with national prosecutors to dismantle criminal networks within the state. CICIG is not a permanent fix, however. Guatemala will lose its opportunity unless national leaders assume the fight against impunity as their own, approve stalled justice and security sector reforms and muster the financial resources to strengthen domestic institutions.

CICIG began operations in 2007 to investigate clandestine security groups that continued to operate within the state following the 1996 accords that ended 36 years of intermittent armed conflict. Such groups still undermine the state, though their main goal now is economic power, not elimination of political opponents. International support and financing guarantee the commission’s independence, though it operates under Guatemalan laws. Unlike traditional capacity-building efforts, it not only trains, but also works side by side with national prosecutors and police, providing them with the necessary technical expertise and political autonomy to hold powerful suspects accountable before the law.

CICIG has promoted and helped implement legislation to create a witness protection program, tighten gun controls, establish rules for court-ordered wiretaps and asset forfeiture and institute high-risk courts for the trial of particularly dangerous defendants. At the same time, it has carried out complex, high-profile probes that resulted in charges against a former president for embezzlement, an ex-minister and other top security officials for extrajudicial executions and dozens of additional officials and suspected drug traffickers for fraud, illicit association and homicide.

The commission has faced significant setbacks and limitations, however. Some high-profile cases have ended in acquittal. Key reforms, such as a judicial career law, have stalled in Congress. While it has helped strengthen certain specialised prosecutorial units, the public prosecutor’s office remains overstretched, even absent, in much of the country. Other institutions essential for combatting impunity – notably the civilian police and judiciary – are still weak, vulnerable to corruption and largely unaccountable.

The most dramatic blows it has delivered against impunity came in 2015 with the arrest of almost 200 officials for corruption, including a multi-million dollar scheme to defraud customs. Working with national prosecutors, CICIG collected and analysed massive amounts of evidence. The evidentiary trail, according to prosecutors, led to President Otto Pérez Molina, who resigned (though denying any criminal activity) and now awaits trial in a military prison.

Much of CICIG’s recent success is due to the determination and persistence of its current commissioner, Iván Velásquez, a jurist known for uncovering the links between politicians and paramilitary structures in his native Colombia. CICIG cannot function, however, without the close collaboration and support of Guatemalan prosecutors. Very different attorneys general – Claudia Paz y Paz, a former human rights activist, and Thelma Aldana, a veteran jurist – have shown the independence and courage to pursue complex, controversial cases against powerful suspects.

A crucial ingredient is popular support. Both the commission and public prosecutors enjoy wide approval among citizens exhausted by violent crime and corruption. The investigations spawned a broad civic movement for justice reform and government transparency. In a country long polarised by ideological, economic and ethnic differences, the anti-corruption crusade has at least temporarily united groups ranging from business associations to labour unions, urban professionals to indigenous leaders.

Anger over government fraud holds this movement together, rather than any clear agenda for change. Elected leaders should channel discontent into positive action by initiating a national debate on the reforms needed to strengthen justice and encourage accountability. Morales, a former television comedian, campaigned as the anti-politician. He has yet to put forward a clear reform program, including new legislation to guarantee the independence of judges and prosecutors, toughen campaign-financing laws and create honest, professional civilian police. Moreover, a weak, underfunded state needs to enact fiscal and tax reforms so that its justice institutions have the resources needed to pay good salaries, provide decent working conditions and extend their coverage across the country.

CICIG’s mandate ends in September 2017, though the president wisely has proposed extending it. International assistance cannot last indefinitely, however. The commission is Guatemala’s best opportunity for genuine justice reform, and it should not be wasted, but the government must start planning for its departure by fortifying its own capacity to fight crime and corruption.

Recommendations

To translate anticorruption promises into clear action plans and prepare for the time when CICIG is no longer needed

To the Guatemalan government:

  1. Promote, adopt and implement legislation and policies to further professionalise prosecutors and judges, including reform of the selection and recruitment process, longer terms to guarantee independence and new mechanisms to evaluate performance and curb corruption.
     
  2. Revive efforts to transform the civilian police into professional forces focused on preventing violence and to revamp its investigative body to work with prosecutors on resolving crimes, including the transfer of capacities and knowledge from CICIG.
     
  3. Give police, prosecutors and judges more resources to fight crime and impunity by carrying through tax and fiscal reform, including by challenging private sector leaders, economic experts and civil society to devise proposals for making taxing and spending more efficient, equitable and transparent.

To the Guatemalan Congress:

  1. Work across party lines and with the president and civil society to devise a strategy, including tax and fiscal reform, for combating corruption and strengthening justice and security institutions.
     
  2. Schedule promptly a final vote on the bill to reform political parties and tighten campaign-financing rules.
     
  3. Reconvene the working group on justice reform, bringing lawmakers together with CICIG, judges and civil society to propose and debate initiatives to strengthen judicial independence and competence, as well as whether or how to limit the prosecutorial immunity of members of Congress and other public officials.

To the Guatemalan judiciary:

  1. Provide additional training for judges at all levels on use of criminal analysis, scientific evidence and new prosecutorial tools, such as plea-bargaining with defendant/informants.
     
  2. Work with the president, Congress and civil society on the career law and other initiatives to make the judiciary more independent and professional.

To the Guatemalan Public Ministry (MP) and CICIG:

  1. Expand cooperation to transfer capacities to specialised prosecutors working on complex cases, such as those investigating organised crime, money laundering and human trafficking.
     
  2. Strengthen the MP’s internal affairs office to identify, sanction or remove officials guilty of misconduct.
     
  3. Work jointly on a strategy to build a professional corps of investigative police.
     
  4. Promote accountability within the MP and CICIG by devising measurable goals and benchmarks.

To the U.S., European Union and its member states and other donor states and institutions:

  1. Continue to provide CICIG with the resources needed to conclude its work, including additional funds for capacity building.
     
  2. Encourage other countries struggling with corruption and violence to consider an appropriate version of the CICIG international/national partnership model.

 Guatemala City/Bogotá/Brussels, 29 January 2016

Use our interactive timeline to explore the developments leading to CICIG’s creation, its impact and the dramatic events of 2015.