Historic day as Francisco Flores is indicted on corruption charges and is now a wanted man

El Salvador's FGR, Luis Martinez, filed charges against former President Francisco Flores on Wednesday alleging embezzlement and other corruption charges (illicit enrichment and civil disobedience) related to the "misappropriation of at least $5.3 million in loans from Taiwan during his tenure." Flores has been summoned to a court hearing on Friday but given that he hasn't been seen in quite some time, I'm not sure if he is really expected to attend (New York Times, FMLN USA ). These charges sound like just the tip of the iceberg as the embezzlement of cash could go into the millions.

When asked what was likely to happen should the FMLN or ARENA win the March elections, I ventured to guess not much different. There was a lot of political talk during the campaign (security) and there were many structural constraints that were likely to confront the next government regardless of whether it was Sanchez Ceren or Quijano. Maybe I was a little more status quo than I should have been. However, one area where I thought that the election would really have an impact was on whether corruption investigations against ARENA and former ARENA officials would continue - LaGeo, Monsenor Romero Boulevard, and Flores. I just didn't see the new administration moving forward with the same intensity as an FMLN administration. Not that Martinez is FMLN anyway.

For all the problems in El Salvador's justice system, today is a historic day as former head of state Francisco Flores is indicted on corruption charges and is now a wanted man.

Guatemalan elites show their true colors...once again

What does one do after Judge Jasmin Barrios oversees some of the most important convictions (Gerardi, Dos Erres, and, at least for some time, Efrain Rios Montt) in Guatemala's history? The country's bar association suspends her (apparently now modified to a private reprimand).

What does one do after Claudia Paz y Paz oversees tremendous progress in the attorney general's office and the application of justice in Guatemala including a significant increase in prosecutions and convictions and a significant decrease in homicides? You cut short her term of course. What then happens when she gets the second highest score in an evaluation of those postulating to be the next attorney general? She doesn't even make the top six candidates recommended for the job.

Hopefully, the next attorney general does as good of a job, or even better, as Paz y Paz. The criminal justice system needs to be built on more than one or two people. However, the recent attacks against Barrios and Paz y Paz demonstrate once again that the country's political and economic elite are not interested in serious institutional reforms that would threaten their entrenched interests.

Have we "really upped the game on human rights" or haven't we?

I sometimes feel sympathy for the Guatemalan government. Here is some of what Secretary of Defense Chuck Hagel said during his recent trip to Guatemala, the first for a US Secretary of Defense since 2005.

“He has a reputation for reaching out to the people,” the secretary said. “I asked him how often he gets outside of Guatemala City, and he said he goes somewhere in the country every Friday and Saturday.”

Molina “has really upped the game on human rights down there,” Hagel said of what he characterized as “a country that used to be in a lot of trouble.”

He added, “Through some courageous, visionary leadership they have really pulled themselves up” from human rights abuses.

 

@adam_wola SecDef must say nice things but wish he didn't use phrases that made him sound naive & might've endangered human rights defenders
— Mike Allison (@CentAmPolMike) April 28, 2014

Given how bad 2013 turned out and how rough 2014 has started, the Secretary of Defense should have found other ways to complement the Guatemalan president and the progress that the country has demonstrated.

But what should he and the Guatemalan people really think when at the same time the Secretary Hagel is congratulating Otto Perez Molina and the government (without lifting the military ban), the US Trade Representative Michael Forman has announced unsatisfactory progress in the Guatemalan government's effort to protect worker's rights.

United States Trade Representative Michael Froman today announced that the dispute settlement process in the 2011 labor enforcement case brought under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) will not be terminated and will remain suspended for an additional four months as the United States seeks further progress by Guatemala on its labor obligations under the CAFTA-DR. 

Ambassador Froman recognized steps taken by Guatemala under the 2013 Enforcement Plan, but noted that the United States has not seen sufficient progress to close the case. 

“Today’s action recognizes the progress made in Guatemala to adopt reforms to improve labor law enforcement, but also recognizes that significant work remains.” Ambassador Froman said.  “We will continue to work closely with the Guatemalan Government in these next four months to review the steps taken and assess whether the reforms are leading to concrete improvements in Guatemalan workers’ rights.”

It obviously doesn't serve the interests of the US or Guatemala if the different US agencies are not on the same page. Not always the easiest but...