The author, Chantal Agarwal (far left), supporting ABA ROLI's "Legal Assistance and Protection for Stateless Persons" program in the Dominican Republic. |
By Chantal Agarwal
I am a believer in elections. I have dedicated my career to designing and managing democracy-strengthening programs in Latin America because I believe elections are important. I agree with what my colleagues and elections experts highlighted in their testimonies last month, during the Western Hemisphere Subcommittee hearing in the U.S. House of Representatives, where they underscored the importance of these elections in deciding issues such as future economic policy, foreign policy with the United States, and respect for human rights in the region. We must remember that the quality of governance after the polls close is also important.
Beyond elections and partisanship, the region’s rule of law is
clearly at stake. For years, through governments and leaders of diverse
political stripes, Latin American colleagues have said to me: “We have beautiful laws but we do not
enforce them.” Indeed, most Latin American countries have ratified the U.N.
Convention on Corruption and the U.N. Convention on the Rights of the Child.
But what use is ratifying laws, if judges, prosecutors, and police who are
charged with enforcing those laws do not have the capacity or will to implement
them, and if parliamentarians do not fund their implementation? What are these
laws worth to people on the ground who do not benefit from them?
Latin Americans are not only fed up with their institutions; they fear the institutions and the officials that are supposed to represent them. For example, Hondurans avoid reporting crimes to their police officers, out of fear of reprisals from the gangs with which the police officers are often associated; Guatemalans, find themselves bribing municipal workers to get services; and according to Mexican sources, such as the Latinobarรณmetro poll, two thirds of Mexicans do not trust their local police. This intense and widespread fear creates perverse incentives, pushing people from across the region away from their homes and families, and choosing displacement in search of safety and survival.
Latin Americans are not only fed up with their institutions; they fear the institutions and the officials that are supposed to represent them. For example, Hondurans avoid reporting crimes to their police officers, out of fear of reprisals from the gangs with which the police officers are often associated; Guatemalans, find themselves bribing municipal workers to get services; and according to Mexican sources, such as the Latinobarรณmetro poll, two thirds of Mexicans do not trust their local police. This intense and widespread fear creates perverse incentives, pushing people from across the region away from their homes and families, and choosing displacement in search of safety and survival.
Undoubtedly, the task of supporting the rule of law is immense,
as each country in the region works toward better economic opportunities and
safer streets. The rule of law is multi-dimensional and requires a sustained
effort to empower citizens to access justice and equip institutions to deliver
it. In the face of the myriad challenges in the region, it is no doubt easier to
focus on the relatively straightforward fix of electoral change. But experience shows that even if there is a
free and fair election and a leader committed to the rule of law is elected, a
diversity of justice sector actors need to deliver on the rule of law
promise. It is therefore important that
the international development community, ABA members and legal professionals
everywhere stand with our partners in Latin America in the wake of the upcoming
elections across the region, to support government transparency and
accountability, fund efforts to combat corruption and transnational crime, and
educate citizens about their rights and empower them to realize them. Rather
than an exclusive focus on electoral outcomes, the focus ought to include
helping to restore civil society’s faith in the rule of law.
Participants in ABA ROLI's Latin American programs.
Chantal Agarwal
is a senior program manager
for the American Bar Association Rule of Law Initiative Latin America and
Caribbean Division. To learn more about our work in Latin American and the
Caribbean, please contact the ABA Rule of Law Initiative at
rol@americanbar.org.
Disclaimer: The views and opinions expressed in this article are the author’s own and do not necessarily reflect the views of ABA ROLI.
Disclaimer: The views and opinions expressed in this article are the author’s own and do not necessarily reflect the views of ABA ROLI.
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