Escaping Crime and Gang Violence

 "More often than not, their neighborhood has become so dangerous or they have been so seriously threatened, that to stay is to wait for their own death or great harm to their family. Their neighborhoods are full of gangs. Their schools are full of gangs. They do not want to join for moral and political reasons and thus see no future,  -Elizabeth Kennedy, author of a study on Central American minors emigrating to the U.S.

Casa de Belen Posada del Migrante, Saltillo, Coahila (Photo by Chuy Mendez Garza via Wilkimedia Commons

Immigration (or emigration) is an important theme in three of the articles in our newsletters this week. The airwaves, the front pages of daily newspapers, and popular Internet sites in the United States and elsewhere have been filled with images of minors who have been caught after crossing into Texas. According to the White House, a record number of unaccompanied minors (more than 52,000 in the first five months of the year) were detained in U.S. border communities.

There are many factors prompting the young people to make the long and treacherous journey from El Salvador, Honduras, and Guatemala through Mexico to seek a better life in the U.S. Economics and a desire to reunite with relatives (many times parents) certainly play a significant role in that "better life," but the children and teens are also seeking to escape out-of-control violence and crime that has ravaged their communities. Elizabeth Kennedy, a researcher at San Diego State University and University of California Santa Barbara, tells us more in a study entitled "Refugees from Central American gangs."

We covered the topic in SourceMex, weaving in the point of view of Mexican authorities and non-governmental organizations,  We also discussed a summit on the crisis in Guatemala City that included Presidents Otto Pérez Molina of Guatemala and Salvador Sánchez Cerén of El Salvador, US Vice President Joe Biden, Mexican Interior Secretary Miguel Ángel Osorio Chong, and Honduran Government Coordinator Jorge Ramón Hernández Alcerro. Read More

A second article in SourceMex reported on an increase in remittances sent by Mexican expatriates to relatives back home during the first quarter of 2014. This is despite adverse economic conditions during that period in the country where most expatriates reside: the US. 

Map of Hatian migrants in Dominican Republic (Wikimedia Commons)

In NotiCen, we covered the new plan by the Dominican Republic to regularize the migratory status of "illegal aliens." The plan will benefit between 500,000 and 700,000 people, most of whom have ties to neighboring Haiti. While a percentage of those affected are recent immigrants, many others have lived their entire lives in the Dominican Republic, even though parents or grandparents came from Haiti.  Read more

Also in LADB this week
NotiCen also covered the case of former Guatemalan President Alfonso Portillo, who was sentenced by a US court to five years and 10 months in jail for accepting US$2.5 million from the Taiwanese government and attempting to launder the illegal money through US banks.

In NotiSur, our two articles dealt with land issues and indigenous rights. One article tells us how citizens of Ecuador adversely affected by Chevron's operations in the South American country managed to organize a protest at multinational company's annual shareholders' meeting.  This is despite Chevron's decision to move the meeting from the San Francisco Bay area to a more isolated location in Texas in order to avoid the protestors.  The second article looks at the five-year anniversary of the Bagua massacre in Peru, and how nine legislative decrees by ex-President Alan Garcia led to violent conflict. The decrees, related to energy projects, infringed on the ancestral right of indigenous communities to their land. Several trials related to the conflict are proceed slowly.
 
 -Carlos Navarro

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Judicial Independence Under Attack in Guatemala

"This jeopardizes judicial independence and the rule of law. It means that anyone can, without grounds, accuse a judge to avoid being prosecuted. This opens the door to impunity and corruption. … Judicial independence is a guarantee, more than for the judge, it is a guarantee for Guatemalans to be able to depend on honorable and dignified judges."  -Guatemalan Judge Yassmín Barrios

Photo by Nerun (Wikimedia Commons)

Judge Yassmín Barrios has presided over some of Guatemala’s most sensitive cases, such as the trial of the Army officers accused of murdering Bishop Juan Gerardi in 2001, the Dos Erres massacre case and a number of high-profile cases involving gangs and drug cartels.

One of her most recent cases involved the trial of former dictator Gen. Efraín Ríos Montt (1982-1983), who faced charges of genocide and crimes against humanity. Although Ríos Montt was found guilty in 2013, the Corte de Constitucionalidad (CC), under pressure from Guatemala’s conservative business establishment, controversially overturned the verdict.

 Local and international human rights organizations strongly condemned the reversal and have argued that it runs contrary to the principle of judicial independence.

And the concept of judicial independence also came under attack with an action directed against Barrios herself. In April of this year, the Tribunal de Honor of the Colegio de Abogados y Notarios de Guatemala (CANG) temporarily suspended the judge from practicing law for one year and ordered her to pay a US$650 fine. The tribunal's decision was based on a complaint filed by attorney Moisés Galindo, defense counsel for José Mauricio Rodríguez, director of intelligence under the Ríos Montt regime and his co-accused in the genocide trial.

Barrios appealed the suspension, and a few weeks later, the Asamblea de los Presidentes de los Colegios Profesionalesr uled that Judge Barrios had acted wrongly by ordering Galindo to represent Ríos Montt but that the alleged misdemeanor was not serious enough to require her suspension and resolved that both the fine and the suspension should be revoked. Read more from Louisa Reynolds in this week's issue of NotiCen.

NGOs Weigh In
Is the legal system in Guatemala (and elsewhere in Central America) too politicized?  At a hearing held by the Inter-American Commission on Human Rights (IACHR) on the politicization of judicial branches in Central America, the petitioner from Guatemala argued that the upper level courts in the regions are influenced by political party interests as a result of the political commitments judges assume when appointed because the legislature appoints upper level judges in most countries. The criteria that the legislature uses are not based on a judge’s judicial record but on their political allegiance.

Some organizations like Impunity Watch (IW) suggest that problems with the judicial system in Guatemala are compounded by systemic flaws. It is well known that the design of the justice system in Guatemala has flaws that favour impunity. Some initiatives for reforming justice in stitutions have been promoted by national and international, state and non-state act ors. Initiatives for constitutional reform have focused on two major areas: improving the Guat emalan justice institutions and improving the domestic legal provisions by correcting loopholes, as well as changing troublesome laws.  Read IW's full brief posted in March 2013.

Other articles in the Latin America Data Base newsletters for May 28-30 address two livestock-related issues.  In Cuba, the livestock industry is in disarray, and in Mexico, a deadly virus has been detected among hog herds in 17 states. Poverty is a theme in three other articles. In Mexico, the Catholic Church is challenging President Enrique Peña Nieto's administration to ensure reforms benefit the poorest segments of the population.  In Peru, expatriates are helping support the economy with remittances. Elsewhere in South America, the countries of the Southern Cone have done a good job in reducing hunger and poverty, according to experts from several multilateral institutions.

 -Carlos Navarro
 


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