Thursday, May 10, 2012

May 9-11: Water Dilemma in El Salvador; Contentious Presidential Debate in Mexico; Senate vs. Judiciary Conflict in Paraguay

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SourceMex, May 9, 2012

First Presidential Debate Marked By Attacks on Front-runner Enrique Peña Nieto
 * Voter preferences little changed
 * Citizen candidate Gabriel Quadri excels

Mexican Congress Approves Landmark Legislation to Protect and Compensate Victims of Organized Crime
 * Victim-assistance law wins unanimous support
 * Congress also approves witness-protection law

NotiCen, May 10, 2012

El Salvador's Government Sends General Water Law Into Legislative Pipeline
 * Demanding government action
 * Prioritizing human consumption
 * Shifting political currents

Guatemalan Workers Face Uphill Struggle in Fight for Safe Working Conditions
 * Labor laws are not enforced

NotiSur, May 11, 2012

Criticism of Inter-American Human Rights System
 * Correa reacts to allegations of abusive policies
 * Collective rights and the Sarayaku case

Political and Institutional Chaos in Paraguay
 * PLRA holds secret primary survey
 * CSJ out of control

Friday, May 4, 2012

May 2-4: Argentina Nationalizes Oil Industry; Belize and Guatemala Revisit Border Dispute; Mexico Migration at "Standstill"

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SourceMex, May 2, 2012

 * Mexico touts improvements in domestic economy
 * Increased surveillance, weak US economy greater factors
 * US Supreme Court might uphold controversial provision in Arizona law

 * Mario Acosta Chaparro protected Juárez cartel

NotiCen, May 3, 2012

 * Pros and cons of going to The Hague
 * Easing tensions on the border

 * Cabinet ministers involved in tax-evasion scandal
 * New unit created to fight tax evasion

NotiSur, May 4, 2012

 * Well-planned takeover
 * Spanish company accused of redirecting YPF earnings to other projects

 * Coming apart at the seams
 * Banking on Bachelet
 * The independent option

Friday, April 27, 2012

Costa Rican President Plays Active Part in Promoting Effective Action against Drug Trafficking in Central America

ISSN: 1089-1560
LADB Article ID: 78566
Category/Department: Costa Rica
Date: 2012-04-12
By: George Rodríguez

Costa Rican President Laura Chinchilla is playing an active role in promoting debate on effective action against drug trafficking in Central America.  This includes dialogue on decriminalizing drugs, an initiative launched by her Guatemalan colleague, President Otto Pérez Molina, a rightist retired general, immediately after becoming his country’s new president in January (NotiCen, March 1, 2012).

Costa Rica’s first woman president favors debate not only on this issue but on alternative—and more effective—policies to military and police repression as the only—or main—response to drug trafficking, which has not only been unsuccessful so far but has increased violence in Central America, turning it into an increasingly unsafe region.

Since visiting Guatemala in January for the new president’s swearing-in, Chinchilla has met with US Homeland Security Secretary Janet Napolitano and Guatemalan Vice President Roxana Baldetti in Costa Rica and has taken part in regional summit meetings in Honduras-–with US Vice President Joe Biden—and in Guatemala—called by Pérez Molina.

President Chinchilla calls for dialogue, but with caution 
Chinchilla told a Feb. 21 press conference at the Casa Presidencial that she was scheduled to hold a telephone conversation with Pérez later that day.  "I’m most interested in hearing directly from him…what are…the terms of reference he sees for this debate he’s proposed and, of course, in being able to suggest some elements that might, above all, guarantee the necessary consistency, seriousness, thoroughness, so [the dialogue] won’t abort at an early stage," the president told reporters.

"When one takes on an issue as complex as that of drugs, of drug trafficking, one can’t close the debate to any of the theses put on the table," said the Costa Rican head of state, a former security as well as justice minister.  "The important thing here is to take on each of those discussions, each of those debates, with utmost thoroughness, with a lot of information, trying to analyze experiences that have already taken place, to be able to compare many of those experiences with lessons learned, successful experiences, failures to try not repeat, and so on."

On Costa Rica’s stand regarding drug decriminalization, Chinchilla said, "We maintain our position that debate shouldn’t be rejected, but that it’s a debate that must be taken on with much thoroughness, and that, within the framework of debating different options, we can’t ever send a message that could cause confusion in the sense that we will, of course, keep up a very strong position to combat organized crime."

"Perhaps what’s most convenient is to move to define the terms in which we want to at least begin debating and try to seek very serious organizations that are specifically discussing [the issue,]" Chinchilla said.  "What’s convenient for Central America is to basically seek some advice from such forums that have made progress on issues such as those proposed by Guatemala for the Central American region."

Three days later, Doña Laura—as she is usually referred to in Costa Rica—briefly told journalists that Baldetti was to meet with her and that, "unavoidably, the issue of organized crime, violence, and drugs and drug trafficking in Central America will be taken on."

US throws cold water on idea 
On Feb. 28, the eve of Baldetti’s arrival, Secretary Napolitano landed in Costa Rica as part of a whirlwind tour of Central America, met with Chinchilla and other Costa Rican authorities—including Security Minister Mario Zamora—and afterward told a press conference that the US is not into legalizing drugs.

"The United States does not believe that legalizing drugs is a way out of this problem," Napolitano said in her statements in English interpreted into Spanish.  "It’s a combination of other things.  It’s demand reduction, it’s good treatment and abuse-prevention techniques, it is effective law enforcement and prosecution, training of law-enforcement officers, proper equipment of law-enforcement officers, and proper punishments being administered.  And all of these things have to be done together.  The issue of narcotics trafficking is supply and demand."

Napolitano also said, "We want to work with the countries of the region in terms of how we deal with the large trafficking organizations that are accountable for so much associated crime here in the region.  And that was the subject of some of our conversations this evening," with Chinchilla and other top government officials.  Napolitano said it was "a very productive meeting."

Early the following day, Napolitano took off for Panama, the last destination of the five-nation tour she began in Mexico, with quick stopovers in Guatemala, El Salvador, and Costa Rica.
Hours later, the Guatemalan vice president, on a regional tour of her own, landed in Costa Rica, met with Chinchilla and other government officials, and stressed, at an evening press conference at the Casa Presidencial, that Central American leadership is needed in the struggle against drug trafficking.  The dialogue promoted by President Pérez seeks ideas from the region’s leaders in that direction, Baldetti told journalists gathered at Costa Rican government headquarters.

Days after both visits and some two weeks before the talks in Guatemala, a summit meeting took place in Tegucigalpa, the capital of Honduras, where all Central American leaders met with Vice President Biden.  The March 6 meeting to discuss the violence hitting the area was convened by Honduran President Porfirio Lobo.

Press reports out of Tegucigalpa said the region´s leaders ratified their commitment to back US efforts to combat narcotrafficking, and Biden said the US respects any decision to discuss drug decriminalization.

Nevertheless, Chinchilla pointed out the need to come up with "a joint regional agenda in the sense that it tell the world that drug trafficking is not an issue of Central Americans only."  This region, between South America, the top drugs producer, and North America, the major consumer, "is trying to win a battle" in which "it is suffering casualties."

The Costa Rican president headed to the central Guatemalan city of Antigua 18 days later to attend the summit called by Pérez Molina.  Chinchilla, Panamanian President Ricardo Martinelli, and their host were the only heads of state attending the meeting, since Lobo, El Salvador’s Mauricio Funes, and Nicaragua’s Daniel Ortega sent representatives.

The Costa Rican leader was critical of present regional efforts against drug trafficking and said, "Much has happened, but nothing has changed."  She added, "We’ve been doing things with very little impact."

Chinchilla called on Central American governments to take part this year in the UN General Assembly to ask the international community for effective action against the illegal activity instead of mere expressions of support from major powers.

In statements published on Feb. 20 by the influential Costa Rican morning daily La Nación, the head of the Instituto sobre Alcoholismo y Farmacodependencia (IAFA) Patricia Orozco said decriminalization of drugs would, at least in the beginning, trigger consumption.  Once legalized, the perception of risk in drug use would drop, and potential users would be less likely to fear trying them, she warned.

But Juan Carlos Hidalgo, a public-policies analyst with the Cato Institute, wrote in an article printed two days later by La Nación that the Guatemalan president’s proposal should be backed by the other Latin American leaders.  Decriminalization would provide governments with greater control of the drug market, allowing then to tax and regulate drug production and marketing, wrote Hidalgo, adding that the money raised by taxing drugs would make it easier for governments to treat addicts.

"But the biggest advantage of decriminalization would be that it would greatly scare away criminals in the drug racket, thus lowering—if not eliminating altogether—violence, crime, and corruption associated with drug trafficking," Hidalgo pointed out.

Thursday, April 26, 2012

April 25-27: Far-Reaching Environmental Law in Mexico; Pope Benedict XVI' Visits Cuba; Brazil Sues Chevron

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SourceMex, April 25, 2012

 * New law allows faster response to climate change
 * Opposition from some center-left legislators
 * Environmental community pleased
 * Some question President Calderón’s commitment addressing climate change

 * Company might have violated US Foreign Corrupt Practices Act
 * Reactions mixed in Mexico
 * Walmex is Mexico’s largest private employer

NotiCen, April 26, 2012

 * "Time was ripe" for a truce
 * An opportunity, not a solution

 * Their own path
 * Benefits, complaints, and revelations

NotiSur, April 27, 2012

 * Charges filed against companies, executives
 * Companies that are "serial polluters"

 * Informal miners protest government actions
 * Formal businesses involved

Thursday, April 19, 2012

April 18-20: Green Energy Taking Root in Nicaragua; Mexico and Cuba talk Energy; Cuba Focus at Summit of the Americas

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SourceMex, April 18, 2012
  
Mexico, Cuba Discuss Cooperation in Energy Sector
 * Deepwater drilling among possibilities
 * Agreement could help define maritime boundary
 * Bilateral relations improving gradually

PEMEX Files New Lawsuit against US Companies for Acquiring Stolen Fuel
 * PEMEX wanted to add companies to 2010 suit
 * Fuel theft remains major problem
 * Prevention efforts mostly ineffective

NotiCen, April 19, 2012

 Ambitious Green-Energy Overhaul Taking Root In Nicaragua
 * Two-pronged approach
 * Staying on target
 * Generating investor buzz

Honduran Judges Fired for Opposing Coup Confront Judiciary Representatives at Inter-American Commission on Human Rights
 * Former judge Tirza Flores explains case
 * CEJIL argues case
 * State responds

NotiSur, April 20, 2012

Summit of the Americas Exposes Continental Rifts
 * US and Canada stand alone on Cuba participation
 * Guatemala leads move to examine drug policy
 * US seen as disengaged in region

Chile: Equal Rights Bill Fast-Tracked Following Beating Death Of Gay Man
 * A turning point?
 * Hints that Chile is "evolving"

Thursday, April 12, 2012

April 11-13: Land Reforms in South America, Solar Energy in Mexico, Drug Policy in Central America

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SourceMex, April 11, 2012

Drug-Related Violence a Major Theme in Mexico’s Presidential Campaigns
 * Government, political parties monitor campaign contributions
 * Lack of enforcement powers a big problem
 * Threats against politicians also a concern
 * Candidates offer solutions to violence

Solar Energy Seen as a Viable Alternative in Mexico
 * Solar farms viable in northern states
 * Large solar farm under construction in Baja California
 * Credits would help homeowners, businesses convert to solar power

NotiCen, April 12, 2012

Pedro Pimentel Ríos Given 6,060-Year Sentence for Participation in Dos Erres Massacre
 * A trial of historic significance

Costa Rican President Plays Active Part in Promoting Effective Action against Drug Trafficking in Central America
 * President Chinchilla calls for dialogue, but with caution
 * US throws cold water on idea

NotiSur, April 13, 2012

 Latin American Underdevelopment Tied to Land Ownership
 * Brazil's Land-Reform Promise Largely Unfulfilled
 * Paraguay looks at property titles to redistribute land
 * Colombia and Venezuela try unique approaches

Uncertainty about Venezuelan President Hugo Chávez's Health Affects Presidential Campaign
 * Lack of information leads to wild rumors
 * Sparring with US continues

 * Journalist calls Chávez the country's cancer

Friday, March 30, 2012

Ecuadoran Government's Two-Pronged Policy: To Convict and then Pardon

ISSN: 1060-4189
LADB Article ID: 78533
Category/Department: Ecuador
Date: 2012-03-16
By: Luis Ángel Saavedra

"To convict and pardon" seems to be the formula that Ecuadoran government officials have found to resolve conflicts with the media and social leaders who question their actions.  With the formula, the government simultaneously obtains a conviction that becomes a legal precedent with which it can intimidate detractors and also increases its popularity through its supposed magnanimity in granting a pardon to those convicted.

Disproportionate sentences
In the government's ongoing conflict with private media, which have historically been tied to the political right and the national financial system, several public officials have complained of having been libeled by the media or by social leaders who expressed their opinions in the media.

After the alleged libel, the public officials had ample opportunity to respond, using the same private media outlets as well as public media, which are now as extensive as the private networks (NotiSur, Aug. 12, 2011).  Additionally, to refute information that it considers erroneous, the government has routinely aired myriad compulsory national radio and television broadcasts and President Rafael Correa's nationally broadcast Saturday radio programs, which he uses to denigrate his supposed detractors.

Nevertheless, the government officials, with President Correa in the lead, believed it necessary to also prosecute journalists and opinion makers for their alleged slander, and they therefore brought various legal actions, which have run their course during the past year and resulted in sentences that were disproportionate to any harm caused.

Emilio Palacio, a former columnist for the Guayaquil daily El Universo, along with Carlos, César, and Nicolás Pérez, owners of the paper, were sentenced to three years in prison and payment of US$40 million in damages to President Correa for having said that he "ordered [the military] to fire at will on a hospital," referring to events during the Sept. 30, 2010, uprising during which sectors of the Policía Nacional (PN) took the president prisoner in the police hospital.  Correa was rescued in a military operation (NotiSur, Oct. 15, 2010).

Mónica Chuji, Amazonian indigenous leader and former delegate to the Asamblea Constituyente, was sentenced to a year in prison and payment of US$100,000 in damages for having said that Secretario de la Administración Vinicio Alvarado was among the government's "nouveau riche," in reference to government publicity contracts with businesses tied to him and his family, which had been denounced in various investigations by the national press (NotiSur, Jan. 27, 2012).

Juan Carlos Calderón and Cristian Zurita were each ordered to pay US$1 million for having affirmed that President Correa knew about state contracts with his brother Fabricio Correa through shell companies in Panama (NotiSur, Oct. 14, 2011).  The judge ruled that Correa suffered "moral damage akin to spiritual harm."

Jaime Mantilla, director of Diario Hoy, received the lightest sentence, just three months in prison and a US$25 fine, for supposedly libeling Carlos Bravo for his action while he headed the Agencia de Garantías de Depósitos (AGD), the agency responsible for recovering the money from the financial institutions that went bankrupt in 1999.

The judiciary decided these cases in record time.  It is unusual for cases to make their way through the system's three levels in less than a year.  Various social sectors saw the expediency as the result of government pressure and the control that it exerts on the judiciary. 

"We call upon all the judicial bodies that have worked with speed and efficiency in these cases, even handing down decisions in a matter of days, to act with the same agility in all cases brought before them," said the Consejo Directivo de la Fundación Regional de Derechos Humanos (INREDH), in a public communiqué analyzing the judiciary's role in these cases.

Pardon: international pressure or concerns about popularity
Once the courts handed down the decisions, the plaintiffs made public their decisions to "pardon" the defendants, using a legal maneuver called "remission."

Remission allows the plaintiff to determine that the accused does not have to pay the damages awarded or serve the jail sentence that a legal conviction brings; thus, in the aforementioned cases, those sentenced no longer have to go to prison or pay the multimillion-dollar damages awards.

Mónica Chuji rejected the pardon granted by Alvarado, saying that it does not annul the sentence, it annuls only the obligation to serve the sentence.  "To accept the pardon is to leave in place a sentence that can be used to intimidate other indigenous leaders; it is a legal precedent that can be invoked in other similar trials," said Chuji in notifying the court of her decision to continue her legal defense.

Despite Chuji's decision, the judges closed the case, an action that will be analyzed by the Corte Constitucional (CC), which in such cases has shown total identification with government criteria.  If the CC ratifies closing the case, Chuji expects to appeal to international tribunals, in particular, the UN Special Committee against Discrimination.

Those convicted in the Diario El Universo case appealed to the Inter-American Commission on Human Rights (IACHR) to solicit precautionary measures in their favor.  The IACHR granted the measures and harshly challenged the government regarding the effects of the disproportionate sentences handed down by the courts on freedom of speech.  Correa rejected the IACHR decision and accused it of following US policies.

Evidence in the Diario El Universo case could support the accusation of serious libel, which Reporters Without Borders (RWB) acknowledged, saying, "This outcome will hopefully also encourage certain media to measure their words before publishing or broadcasting.  They were partly to blame and we have said so from the start.  Such charged words as ‘dictator’ and ‘crime against humanity’ cannot be uttered lightly."  However, the sentence is not aimed at repairing the damage but rather seems aimed at bankrupting and closing a media outlet.

Various national and international agencies pressured President Correa to withdraw the complaints; however, the legal proceedings continued until the sentences were handed down, after which the president said he was only looking for the truth to shine forth and expose the real face of the press.  "I sought the truth, I never wanted even one cent," said Correa in announcing his decision to pardon those involved in the Diario El Universo case and the Big Brother case, as the Calderón and Zurita case became known.

The president's decision resulted in a rise in popularity, and his action would seem to be a strategy calculated to strengthen his image.  However, pardoned defendant Calderón insists that the decision was made "because of international pressure and the cracks that were becoming evident within the president's own movement."

Street fights and trolls
Regardless of the intentions of the president, or the other officials, in granting a pardon in every case where lengthy sentences were handed down, this pardon tactic has not reduced the  confrontation that the plaintiffs experience in the streets or in the media.

The trials not only took place inside the courts but also involved clashes between sympathizers from opposing sides outside the courtroom, with Alianza País groups confronting sympathizers of the defendants, for whom these confrontations have become daily occurrences.

"Every day I have to deal with people in the street who call me a traitor," said Mónica Chuji.  And the newspapers to which the convicted journalists belong receive constant insults and denigrating messages on their Web sites, messages that could be coming from a "troll center," directed by the Secretaría de Comunicación.

In the virtual world, a troll is a person whose aim is to intentionally provoke readers or Internet users, by posting insulting or incendiary comments or creating controversy.  Fernando Balda, an activist who was linked to the government, denounced the existence of such a group, financed by the Secretaría de Comunicación, which could be dedicated to uploading insults on the media's Web sites.  This would explain the proliferation of these messages in the comment spaces on news sites, especially when the news reports criticize government actions.  It is clear that the pardon tactic has not eliminated the confrontation and that it will continue.