Testimony
of Adolfo Franco, Assistant Administrator for Latin America and
the Caribbean, USAID, Hearing of the House International Relations
Western Hemisphere Subcommittee, March 9, 2005
Testimony of
Adolfo A. Franco
Assistant Administrator,
Bureau for Latin America and the Caribbean
United States Agency for International Development
Before
Committee on International Relations
U.S. House of Representatives
Subcommittee on Western Hemisphere
Wednesday, March 9, 2005
STATE
OF DEMOCRACY IN THE WESTERN HEMISPHERE
Mr.
Burton, it is a pleasure to congratulate and welcome you as the
new Chairman of the Subcommittee on Western Hemisphere. We at
USAID, and especially the Bureau for Latin America and Caribbean
Affairs, look forward to working with you closely in your new
capacity, and with all the Subcommittee Members, on the numerous
issues relating to this critical region. On November 18, 2004,
I appeared before then Chairman Ballenger and Members of the Subcommittee
to address, Aid to Colombia The European Role Against
Narco-Terrorism. I took the opportunity to discuss how the
United States Agency for International Development (USAID) was
contributing to overall U.S. government efforts to promote peace
and democracy in Colombia, and to decrease the flow of drugs into
the United States. We did so to assist the implementation of President
Bushs vision for a secure and prosperous Western Hemisphere.
The essence of the Presidents policy was and is that real,
long term economic growth, political stability, and consolidation
of democracy are inextricably linked and only possible
if governments consciously extend political power and economic
opportunities to everyone, especially the very poor. In her January
18, 2005 confirmation hearing before the Senate Foreign Relations
Committee, Secretary of State Condoleezza Rice stated that the
Western Hemisphere is extremely critical to the United
States, ..With our close neighbors in Latin America we are
working to realize the vision of a fully democratic hemisphere
bound by common values and free trade
Today
I would like to update you on the state of democracy in the Western
Hemisphere, cite a few instances of how USAIDs Bureau for
Latin America and the Caribbean (LAC) is contributing to the consolidation
of democracy in the region, and identify areas of growing concerns
that, unless addressed now, will undermine democratic gains in
the region in the coming years. Finally, I would like to brief
you on opportunities for further targeted USAID assistance in
the LAC region.
Synopsis
USAID
has been supporting democratic reforms in LAC since the mid- 1980s,
and has achieved some notable successes over this period, especially
in recent years. However, worrisome trends such as the recent
developments in Venezuela, Paraguay and Nicaragua, increased crime,
corruption, weak public institutions, and economic polarization
threaten to undermine this progress. Moreover, as a region, Latin
America is second only to Africa in low growth of income, and
ranks first in the world in terms of income disparity. These developments
are causing the citizens of the LAC region to lose confidence
in the democratic system and question the ability of free markets
to provide rising standards for all. These trends, coupled with
the lessons of September 11, 2001, make it imperative that the
regions development agenda continues to focus on strengthening
democracy and the rule of law in order to expand rule-based trade
integration, and ensure against back-pedaling from solid democratic
gains. Strengthening democracy will also be a prerequisite for
assuring that the benefits of increased trade and investment will
be shared among all sectors of society in Latin America and the
Caribbean, where persistent income inequality presents a growing
problem for democratic institutions.
Milestone Achievements
Since
1984 when USAID began programs to assist El Salvador to improve
the courts and democratic governance, to the present, extraordinary
progress has been made by LAC countries. Today, democratic governance
has come to be recognized as the norm, largely in response to
citizens growing consciousness of their rights and power.
Democratic practices are becoming increasingly consolidated, and
societies have shifted from authoritarian regimes to democratic
forms of government. Civilian, rather than military, governments
are now in place in all countries of the hemisphere except Cuba.
Several generations of free and fair elections have transpired
in many countries of the region.
The
push for decentralization and devolution of power to local governments
continues to expand citizen participation and decision-making
at the community level. In addition to increasing citizen participation,
USAID is helping civil society organizations (non-profits, business
organizations, churches, civic associations, and others) play
a significant role in monitoring government actions, advocating
policy change, and in providing quality services to the communities
in which they work. The trends in LAC over the past two decades
clearly indicate a deepening of democratic values as democracy
becomes the expectation of citizens and, in a globalizing world,
the expectation of the marketplace.
Hand-in-hand
with the strengthening of democracy in the region, violations
of human rights have greatly diminished, and governments are taking
actions to promote peace and reconciliation. Along with the increasing
respect for human rights, governments are beginning to respect
and advocate for the rule of law. Modernization of the justice
systems continues in the region and in particular, the transition
to oral adversarial trials and a consolidation of the independence
of the judiciary. By the end of the last decade, largely as a
result of U.S. government leadership, the fight against corruption
was widely recognized as a critical development issue in the region.
Since
the 1980s, USAID has trained thousands of judges, prosecutors,
litigators, law professors, and community activists to ensure
success of the transition to modern judicial systems. These efforts
have improved the lives of ordinary citizens in the region by
increasing access to justice and expanding legitimate state services
to remote and under-serviced areas. Moreover, a more effective
judicial system serves U.S. interests by combating organized crime,
narcotics trafficking, money laundering, human trafficking, and
alien smuggling, thus making these countries less susceptible
to infiltration by terrorists.
A
few examples:
In Guatemala, USAID support for a new, oral, and adversarial Criminal
Procedure Code has reduced case processing time from two years
to ten months on average per case. Sixteen new Justice Centers
provide access to a wide variety of services, from arbitration
to police protection. A new USAID-assisted public defense institute
provided effective access to justice, human rights assistance,
and procedural due process, in twenty-three languages, for over
20,000 Guatemalans in 2004. This institute now has national outreach.
USAID-assisted mediation centers in Guatemala provide access for
the poor to swift, more effective justice: Mediators resolve 73
percent of all cases brought to their attentionwhether they
are civil, commercial, family, or criminalwithin one month.
Translators are available to help families of both the accused
and victims who speak any of Guatemalas languages other
than Spanish. With USAIDs help, new Victim Assistance Offices
now operate in all of Guatemalas administrative departments.
Based in part on the Guatemala model, USAID has helped El Salvador
establish alternative dispute resolution through seventeen community
mediation centers. These centers addressed over 2,700 complaints
in 2003-2004.
Changes to the Criminal Procedure Code that USAID helped promote
in Guatemala have since led to similar changes in 11 other countries
Bolivia, Honduras, El Salvador, Peru, Ecuador, Colombia, Nicaragua,
Venezuela, Costa Rica, Peru, and Chile. In Bolivia, for example,
with three years of experience under its new Code and with USAID
help, average trial length was reduced from seven years to 18
months; the cost of trials has decreased from an average of $2,400
to $400; and citizen confidence in the integrity of criminal processes
has improved.
In Colombia, as in Guatemala, USAID has funded the construction
of 37 Justice and Peace Houses, and anticipates bringing
the total to 40 by the end of 2005. This has given new access
to justice for 2.4 million Colombians. The centers offer:
conciliation services;
access to community police and public defenders;
family law services;
family violence response services;
neighborhood dispute resolution;
human rights ombudsman services;
other legal assistance as needed in the local community;
USAID
training programs for justice sector workers are assuring continued
progress and sustainability of these centers. Also, with USAID
help 4,400 persons have received assistance from the human rights
protection program.
In Paraguay, USAID technical assistance on investigative reporting,
has improved the medias ability and effectiveness to expose
public sector corruption and inform citizens. The number of articles
on corruption in the four national newspapers has increased by
226% since 2001. Civic oversight has increased with citizens reporting
corruption cases. After initial reporting, the press has continued
tracking these cases with the Prosecutors Office and through
the courts to ensure ongoing public scrutiny.
In Mexico, USAID assistance helped launch in 2003, its new Freedom
of Information legislation, modeled in part after similar U.S.
legislation. USAID is currently working with the new Federal Institute
on Access to Information to implement the law. The Commissioners
recognize the milestone that the law represents for Mexico's democracy
and a new culture of transparent government.
For
the first time in Mexican history, citizens are now able to submit
petitions to the government to request access to public documents.
In 2004, using USAID technical assistance, President Vicente Fox
presented a comprehensive legislative reform package to transform
the Mexican criminal justice system.
Across the LAC region, USAID has worked successfully with countries
including Honduras, El Salvador, Guyana, the Dominican Republic,
Bolivia, Ecuador, and Peru, to develop modern electoral systems
fully capable of conducting free and fair elections without external
assistance.
Through its Rule of Law programs, USAID has helped:
train and professionalize justice sector personnel;
promote and protect human rights;
improve administration of justice;
create public defense capacity;
expand access to justice; and
reform legal frameworks.
In large part, due to sustained USAID assistance to the Inter-American
Institute for Human Rights, national human rights ombudsmen are
now the norm across the region.
Members of supreme courts as well as attorney generals now monitor
their own productivity and quality of performance. This resulted
in part from USAID support for a Justice Studies Center of the
Americas.
USAID has played a lead role in furthering anti-corruption/transparency
initiatives, including working with other donors and governments
to create oversight mechanisms, national plans and other methods
to combat corruption.
USAID has worked with national governments, municipalities, and
regional associations of municipalities to promote good governance
practices based on transparency, accountability, and citizen participation.
Importantly, USAID has worked with civil society organizations
across LAC countries to increase the capacity of citizen organizations
to hold elected officials accountable and lobby for improvements.
Evolution in LAC Democracy Programming, Regional Trends, and Emerging
Challenges
USAIDs
democracy programs provide continuing assistance to 16 countries
including Cuba. While much remains to be done, USAID programs
have stayed the course to promote much needed sector reforms dating
back to the 1980s. More recently, USAID democracy programs were
fine-tuned to focus on rule of law, civil society, local governance,
anticorruption, human rights, and combating violence.
The
US National Security Strategy, September 2002 identifies development,
together with defense and diplomacy as essential to combating
terrorism. By promoting stability and the rule of law, USAID can
help prevent the growth of transnational crime and terror networks.
By strengthening our neighbors ability to defend their own
borders, we are in fact increasing our ability to protect our
borders. It is in this context that some of USAIDs democracy
and governance programs work.
USAID-funded
research in 2004 about attitudes toward democracy in eight countries
in the LAC region indicates a broad, regional commitment to democracy.
However, an unfortunate convergence of factors is beginning to
undermine countervailing trends in favor of democracy.
State Fragility, Crime, and Personal Security
Traditional
literature on state fragility examines national level indicators
to predict vulnerability. By these measures, with the exception
of Haiti, it is doubtful that any state in the region could be
categorized as a failed or failing state.
However, most are chronically weak and vulnerable. And, Latin
American and Caribbean countries are now facing an emerging, exogenous
threat that the traditional approaches overlookinternationally
integrated organized crime, with its associated corrupting influence
on government, a threat that hardly existed 30 or 40 years ago,
but is now emerging with exponential growth. Organized crime takes
advantage of weak public institutions to conduct and diversify
its activities from narcotics to alien smuggling, contraband,
counterfeit goods, money laundering, and other nefarious activities.
Rising
crime and lack of personal security in many LAC countries create
not only instability, but also reduce productivity and discourage
private investment flows. LAC countries have the highest crime
rates in the world. In much of the region, business associations
rank crime as the number one issue negatively affecting trade
and investment. Jamaica, already one of the most violent countries
in the region, experienced a fifty percent increase of its murder
rate in 2004 over 2003 figures, due largely to expanded gang violence
which extends throughout the LAC region. Crime-related violence
represents the most important threat to public health, striking
more victims than HIV/AIDS or other infectious diseases.
Parks
and environmental reserves are plundered by illegal logging and
corruption in extractive industries, undermining U.S. global interests
in protecting the environment. The Inter-American Development
Bank (IDB) noted that Latin Americas per capita gross domestic
product would be 25 percent higher today if the regions
crime rate were on par with the rest of the world. Similarly,
the World Bank has shown a strong link between income inequality
and crime. In fact, income inequality has worsened over the past
decade, and is unlikely to improve soon.
Many
of the threats to democracy and human rights, and growing gang
violence, are financed with massive resources from organized crime,
money laundering, alien smuggling, illegal drugs, and other illicit,
inter-linked enterprises. Criminal groups can take advantage of
the situation to expand where law enforcement is lax and bribing
officials easy. The Global Terrorism Reports asserts that the
tri-border area (Argentina, Brazil, and Paraguay) has long been
characterized as a regional hub for clandestine fundraising activities,
arms and drug trafficking, contraband smuggling, document and
currency fraud, and money laundering.
The
2004 USAID-funded survey further demonstrated the strong, positive
relationship between citizen support for the current democratic
system and their feelings of security. As a result, there is tremendous
pressure from citizens to address issues of personal security,
particularly via fighting crime and terrorism. For example, in
May 2002 in Colombia, President Álvaro Uribe capitalized
on the citizen frustration over crime and the failed peace talks
with guerrilla groups.
President
Uribes program included strengthening the military, not
compromising with the guerrillas, fighting corruption, and introducing
political reforms to reduce crime and address poverty. The Uribe
administration has been able to provide increased citizen safety,
and this has resulted in consistently high approval ratings. The
anticrime message has been adopted by Presidents Ricardo Maduro
in Honduras, Antonio Saca in El Salvador, and Oscar Berger in
Guatemala and other regional leaders seeking to repress gangs
and violence by strengthening their military and the police.
While
justice systems remain weak, and crime represents a chronic, increasing
problem, politicians, and the public are more willing to make
sacrifices of civil liberties to address those ills.
Corruption
As
noted in the Journal for Democracy from the Hoover Institution,
The core obstacle to economic development is not a lack
of resources. It is badcorrupt, abusive, wasteful, unaccountablegovernance.
In addition to rising levels of organized crime and the resulting
violence, corruption is taking its toll on governance in the countries
of Latin America and the Caribbean.
Institutionalized
corruption at both the national and local levels, not only alienates
a countrys citizens, but also is likely to be accompanied
by other threats to stability including smuggling, drug trafficking,
criminal violence, human rights abuses, and the personalization
of power. In Latin America and the Caribbean, the World Bank now
estimates weak judiciaries and corruption cut 15% from annual
growth. Eighty percent of Latin Americans believe corruption,
organized crime, and narcotics trafficking have all increased
substantially in recent years. USAIDs experience suggests
that strong local governments are particularly effective at curbing
corruption and improving standards of living. Survey data show
that citizens who receive improved services from local governments
have a much more positive view on democracy as a whole. Further,
in places like Haiti, local governments may be the only way to
achieve more effective governance to mitigate instability.
Weak Political Parties
Political
parties are among the core elements of democracy. They are the
only tested vehicles to structure electoral competition, organize
government, and recruit leaders. [Foreign Aid in the National
Interest Natsios Report, 2003].
In
the LAC region, political parties are increasingly losing credibility
or are simply nonexistent. As a result, governing coalitions are
harder and harder to sustain, thereby weakening governments. Demands
from indigenous groups, in many cases legitimate, cannot be met
by poorly organized political parties. Ecuador in particular has
a large number of political parties few of any national
scope, inhibiting coherent national policies. Political institutions
in Bolivia, Guatemala, Mexico, Haiti, Guyana, and Jamaica are
also brittle and vulnerable.
Across
South America, there is a general inability of political institutions
and leaders to manage extreme tensions resulting from political
and economic realities on the one hand, and expectations from
indigenous groups. Indigenous populations now have rising expectations
for democratic governance, and those expectations are fueling
new demands. Bolivia, very much in the news these days, is a good
illustration of rising frustrations of indigenous groups fueling
new demands on weak political institutions in a societal context
of wide economic disparity. How Bolivia ultimately addresses the
pressing demands on its political system will have wide repercussions
beyond its borders, as improved communications across borders
are increasing awareness by indigenous groups and outsiders of
issues and, as a result, pressure for action.
USAID Programs
Justice
sector modernization remains the largest focus of USAID governance
programs in the LAC region. USAID plans to make operational 15
additional mediation centers and 15 additional justice centers
by the end of FY 2006. These and other justice reform efforts
will reduce the time it takes to process a case in eight target
countries by an additional 20% by the end of 2006 (cumulative
target for Bolivia, Dominican Republic, Ecuador, El Salvador,
Guatemala, Honduras, Nicaragua, and Peru). New efforts in justice
reform will target crime prevention and commercial codes. In addition,
we will continue to assist with the protection of the human rights.
We
will continue to work in partnership with the leadership in the
Andean region to increase state presence, strengthen democracy,
create licit economic opportunities, improve social conditions,
and assist internally displaced people.
We
will continue to train journalists in investigative reporting
techniques, and support freedom of the press to print stories
within democratically acceptable parameters that allow the public
to be informed without threat to the publisher or writer.
USAID
will continue to work with the private sector for greater transparency
and to streamline procedures for investors and businesses to participate
in the global marketplace. USAID will continue to help countries
comply with the rules of trade, such as customs and rules of origin,
sanitary and phytosanitary measures (animal and plant health and
food safety), and intellectual property rights. Also, USAID will
continue to support development of regulatory frameworks and innovative
approaches to widen and deepen financial intermediation in the
small and microenterprise sector to give marginalized business
people greater access to borrowing capital.
In
addition, USAID is supporting cutting edge efforts to increase
the developmental impact of remittances. According to the Inter-American
Development Bank May 2004 report, an estimated $30 billion in
remittances were expected to flow to the region from the United
States alone, more than all other development assistance combined.
In
Haiti, we are continuing to support the Interim Government in
its efforts to stabilize the country through activities in employment
generation, institutional support, health, humanitarian assistance,
education, disaster assistance, and governance. In addition, in
the coming months USAID, with other donor support, will focus
particular assistance for the holding of communal, parliamentary,
and presidential elections, scheduled for late 2005.
In
Cuba, USAID efforts aim to hasten the Cuban transition to a democratically
free state with a focus on developing civil society through information
dissemination.
USAIDs
Office of Transition Initiatives (OTI) is performing critical
work in support of democratic development and civil society in
Venezuela, Bolivia, and Haiti. For example, in Venezuela, USAID
is implementing the Venezuela Confidence Building Initiative
to promote a solution to the current political crisis which began
over three years ago. The objectives of the program are to facilitate
and enhance dialogue, support constitutional processes, and strengthen
democratic institutions. The activities are designed to involve
both opposition and government aligned parties, and are open to
all political groups.
In
Bolivia, USAID will continue to increase citizens confidence
in Bolivias democratic institutions and processes by making
them more transparent, efficient, and accessible. USAIDs
programs directly addresses the root causes of the social unrest,
especially in conflict-prone geographic areas such as the city
of El Alto. For example, an integrated justice center was recently
established in El Alto to provide conflict resolution and other
justice services to underserved people, helping to alleviate the
lack of government presence that has diminished public confidence
in the rule of law. OTIs program in El Alto and the adjacent
Altiplano region focuses on community development activities and
on promoting a peaceful and informed dialogue between the government
and the people on critical issues.
Conclusions
The
rule of law and democracy crisis in the region needs critical
attention. Americas strength is in its values, and none
are dearer than democracy and the rule of law. USAID will continue
to project a clear, unambiguous determination to set the course
straight and stay the course and the LAC Bureaus milestone
achievements and past success show it can be done.
Clearly,
democracy and independent judiciaries in LAC face numerous challenges.
The security needs of the U.S. have made facing these challenges
an urgent necessity. Fortunately, USAID is prepared to work as
part of a broad U.S. response to strengthen our allies and, by
extension, protect the United States.
Earlier
in my testimony, I referred to the 2004 survey which indicated
a preference for authoritarian measures to combat crime in the
LAC region. Nonetheless, as one prominent former South American
President indicated, It does not mean, however, that faced
with the real dilemma of choosing between economic security and
democracy, Latin Americans will automatically dump democracy and
freedom. Democracy is like oxygen. People dont talk much
and dont worry about it, but try to take it away and they
will get agitated and react.
Mr.
Chairman, this concludes my statement. I welcome any questions
that you and other Members of the Subcommittee may have. Thank
you.
As
of March 10, 2005, this document was also available online at
http://wwwc.house.gov/international_relations/109/fra030905.htm