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Crutch to Catalyst? The International Commission Against Impunity in Guatemala
Crutch to Catalyst? The International Commission Against Impunity in Guatemala
Mexico is Already the Immigration 'Wall' Some Politicians Want
Mexico is Already the Immigration 'Wall' Some Politicians Want
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.

Mexico is Already the Immigration 'Wall' Some Politicians Want

Originally published in Los Angeles Times

“Mexico is a critical partner,” President Obama reminded reporters during a joint news conference with Mexican President Enrique Peña Nieto on July 22, “and is critically important to our own well-being.” The two presidents praised not only their countries’ immense cross-border trade but also bilateral collaboration on energy, the environment and counter-narcotics. Left unmentioned in their opening remarks was another crucial way Mexico is helping its northern neighbor: as a buffer between the U.S. and Central America’s Northern Triangle, where gang violence, chronic corruption and endemic poverty drives hundreds of thousands from their homes each year.

Two years after the flow of unaccompanied Central American children across the Rio Grande generated U.S. headlines, the humanitarian crisis continues.  Today it plays out mostly in Mexico, whose government has become the region’s “deporter-in-chief,” last year sending back 166,000 Central American migrants, including about 30,000 children, more than twice as many as the 75,000 deported from the United States. By detaining and deporting migrants, Mexico has in effect become the “wall” certain politicians are calling for — which of course does nothing to solve the underlying problems.

Over the past decade, Guatemala, Honduras and El Salvador have seen homicides spiral out of control, approaching levels of bloodshed last seen during the armed conflicts of the 1980s. Gangs dominate major cities and many smaller towns, forcing even the poor to pay extortion. Most chilling for families is the forced recruitment of young boys and girls.  Saying no to the gangs, say refugees interviewed along the border, would mean a death sentence.

The dangers do not end for those who manage to cross into Mexico. Undocumented migrants make perfect victims.  Fearful of authorities, they are highly unlikely to report even violent crimes, such as robbery or rape.  Groups specializing in extortion and kidnapping also know that many migrants have relatives in the United States who can be tapped for ransom money.

Irregular migration, swollen by forced displacement, ends up fueling organized crime and corruption.  No longer can a migrant pay guides – known as coyotes or polleros (chicken herders) – just enough to be smuggled across the US border. Now they must rely on networks that charge thousands of dollars to assure safe passage across territories controlled by various criminal bosses, while paying officials to look the other way.

Regional leaders are finally recognizing that the massive outflow of people from Central America is much more than migration as usual.  The United States has agreed to expand efforts to admit refugees directly from the region so they avoid a long, dangerous journey north. Under an initiative announced July 26, a program previously limited to the under-age children of Central Americans lawfully in the U.S. will now include siblings who are over 21, as well as caregivers. Those most vulnerable could be relocated in Costa Rica while awaiting approval for entry into the United States.

This initiative, however, is unlikely to discourage the hundreds of thousands of Central Americans who enter Mexico each year — in part because the country is no longer just a transit country, but also a destination in its own right. Petitions for refugee recognition have more than doubled, straining Mexico’s capacity to process them fairly and efficiently.  Although its refugee commission is offering asylum to a larger proportion of applicants, the numbers deemed eligible still represent only a fraction of those needing protection. 

In the long run, Central American governments must address the economic and institutional failings that turn young people into gangsters and end the impunity of both criminal leaders and corrupt officials.

In the immediate run, the United States should help its “critical partner” stop the cycle of deportation and re-migration by providing Mexico with the resources it needs to shelter asylum applicants, adjudicate their claims efficiently and fairly, and then resettle them where they can lead productive lives.