The Threat of Continuismo

In 1830, Colombia sent General Simón Bolívar Palacios packing. Dispatched from power, Bolívar would die on his way to exile abroad melancholic and regretting that he plowed the sea. By any standard, Bolívar was a tyrant, an autocrat who wanted to perpetuate himself in power. That political tradition runs deep in the veins of Latin American history. It is called continuismo - the tendency of heads of state to extend their rule indefinitely - and it has been the lifeblood of Latin America's authoritarian tradition. One that unfortunately remains very much alive today.

More than any other country, Colombia has avoided continuismo by enacting strict term limits. For much of the 19th century, Colombian Presidents served two year terms. They are now allowed a four-year term though in Colombia the law allows for non-successive terms. Still, only one man, Alfonso López Pumarejo, managed to get elected for a second term. That is until Álvaro Uribe Vélez who will complete his second consecutive term in August 2010. Though he is still mulling a run for a third term and remains undecided, President Uribe would be undermining Colombian democracy should he choose to run just as Hugo Chávez Frías' tenure is undermining Venezuela's democracy.

Latin American political traditions favor a strong chief executive and weak legislative bodies. Presidents have wide appointive powers and sweeping powers of decree. Recall the protests in Argentina last year. Those protests were set in motion because President Cristina Fernández de Kirchner raised export tariffs from 35% to 48% on soy beans and other agricultural products by decree. Faced with six months of protests that shut Argentina down, President Fernández de Kirchner was forced to seek Congressional approval for her decree. She lost that battle by one vote in the Senate, ironically that of her Vice President Julio Cobos. This is one of the rare times that a presidential decree has been overturned.

Last July in Venezuela, Hugo Chávez pushed through 26 new laws, covering changes in areas ranging from the military to small businesses, by decree. Among the decrees was one that created a new National Bolivarian Militia, a branch of the military consisting of civilian volunteers who will help neighborhood-based communal councils establish "defense committees," modeled on Cuba's Committees for the Defense of the Revolution, which encourage citizens to watch for "counterrevolutionary" activities. Another decree facilitated the expropriation of property linked to the production of "essential" food, goods and services. The executive branch can decree which goods are essential and begin expropriation proceedings, without a court order, of businesses that produce these goods. Another decree gave the Venezuelan government the power to annul standardized contracts between private parties. Chávez argues that this measure is to protect Venezuelan consumers from abusive practices by cell phone companies but the authority is so sweeping that any contract can be terminated without the parties' consent.

That is the Venezuela of Hugo Chávez as much as the one that has improved the health and education services provided to the poorest of poor. One can praise Chávez and still yet find his adherence to democratic norms and the rule of law wanting. Chávez is, of course, the poster child of continuismo. His desire to be President for life in Venezuela threatens democratic norms simply because in Latin America, the main check on executive power turning to despotism is term limits.

Every single country has them. In Mexico and Chile, it's one term and out - for good. Most countries, however, permit a return to power after sitting out a term. Brazil was the first to permit direct re-election and it currently allows a President a maximum of two four year terms. Though there has been much speculation since it was discovered that his hand picked successor Dilma Rousseff was undergoing chemotherapy for lymphoma, Brazilian President Lula da Silva has ruled out the possibility of standing for a third term in office. That's refreshing and a sign of political maturity. It augurs well for Brazil to have the rule of law triumph over the will of men.

In Colombia, democracy has been long described as a conversation among gentlemen. Under Uribe, Colombian democracy runs the danger of becoming a monologue. If Uribe is re-elected to third term, becoming the first Colombian President to serve three terms since Rafael Núñez Moledo who served three non-consecutive terms in the 1870s and 1880s, Uribe, with his wide power of appointment, can remake Colombia to his liking. He will get to appoint a new Procudador General, a position similar to the Attorney General but with greater independence and oversight capabilities. Uribe will continue to make judicial appointments packing the courts with those who share Uribe's vision on property rights and strong executive power.

If Uribe is re-elected, I suspect cases now pending against those who exceeded their power and committed gross violations of human rights will be dismissed and the perpetrators will go unpunished. There are now 90 cases in the false positives scandal in which members of the Armed Forces lured innocent young men to their deaths in order to pass them off as FARC members. Nor this is the only scandal to taint the Uribe Administration. There's the case of Jorge Noguera, Uribe's first head of the DAS (Colombia's all encompassing security agency think CIA + FBI and more), who sits awaiting trial for alledging using paramilitaries to commit extrajudicial assassinations of union leaders with ties to the FARC.

Colombia has long been a mixed economy with a strong state involvement but under Uribe there has been a rash of privatizations and a sell-off of Colombian companies to international consortia. While it would be hard to deny the tremendous gains in security, it is also clear that finishing off the FARC is likely to involve a change of tactics and a political settlement not to mention solving the drug trade. Unless social inequality is addressed and seriously tackled then Colombia will remain a nation at war even if that war is confined to outer reaches of the national territory.

But the crisis at hand is that of Honduras. According to the Honduran Constitution, Presidential term limits cannot be changed under any circumstance. Only Congress can modify the Constitution and then only during two successive sessions. These rules are in place for a reason - to prevent despotism. Honduras, like the rest of Latin America, allows for strong executive power. The check on that power is a single term.

Here's Octavio Sánchez, a former presidential adviser (2002-05) and Minister of Culture (2005-06) of the Republic of Honduras, writing in the Christian Science Monitor:

To understand recent events, you have to know a bit about Honduras's constitutional history. In 1982, my country adopted a new Constitution that enabled our orderly return to democracy after years of military rule. After more than a dozen previous constitutions, the current Constitution, at 27 years old, has endured the longest.

It has endured because it responds and adapts to changing political conditions: Of its original 379 articles, seven have been completely or partially repealed, 18 have been interpreted, and 121 have been reformed.

It also includes seven articles that cannot be repealed or amended because they address issues that are critical for us. Those unchangeable articles include the form of government; the extent of our borders; the number of years of the presidential term; two prohibitions - one with respect to reelection of presidents, the other concerning eligibility for the presidency; and one article that penalizes the abrogation of the Constitution.

During these 27 years, Honduras has dealt with its problems within the rule of law. Every successful democratic country has lived through similar periods of trial and error until they were able to forge legal frameworks that adapt to their reality. France crafted more than a dozen constitutions between 1789 and the adoption of the current one in 1958. The US Constitution has been amended 27 times since 1789. And the British - pragmatic as they are - in 900 years have made so many changes that they have never bothered to compile their Constitution into a single body of law.

Under our Constitution, what happened in Honduras this past Sunday? Soldiers arrested and sent out of the country a Honduran citizen who, the day before, through his own actions had stripped himself of the presidency.

These are the facts: On June 26, President Zelaya issued a decree ordering all government employees to take part in the "Public Opinion Poll to convene a National Constitutional Assembly." In doing so, Zelaya triggered a constitutional provision that automatically removed him from office.

Constitutional assemblies are convened to write new constitutions. When Zelaya published that decree to initiate an "opinion poll" about the possibility of convening a national assembly, he contravened the unchangeable articles of the Constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent.

Our Constitution takes such intent seriously. According to Article 239: "No citizen who has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform [emphasis added], as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years."

Notice that the article speaks about intent and that it also says "immediately" - as in "instant," as in "no trial required," as in "no impeachment needed."

To restore Manuel Zelaya is to power to subvert the rule of law, not to uphold it. It is rare that I agree with Mario Vargas Llosa, the Peruvian writer, but in this case I do. Mr. Vargas Llosa writes in the Washington Post:

The crisis in Honduras should bring to people's attention this truth about Latin America today: The gravest threat to liberty comes from elected populists who are seeking to subject the institutions of the law to their megalomaniac whims.

Uribe is not a populist but if he seeks a third term, he deserves to be included as one who seeks to subject the institutions of the law to their megalomaniac whims. The rule of law must triumph over the will of men who would be despots.



Display:


Re: The Threat of Continuismo (none / 0)

I always find it odd when progressives suddenly support the weirdest right wing things and right wing people. I am not surprised however that such a paucity of evidence for support for a military coup requires that one has to reach as far as LLosa, Peru's fading right wing political 'never was.'

Yes the tanks in the streets the suspension of liberties, the international outrage and the end of democracy is the sure cure of:

the gravest threat to liberty

which of course

comes from elected populists


by commentist on Fri Jul 03, 2009 at 12:59:42 AM EST

Re: The Threat of Continuismo (none / 0)

a) it's Mario Vargas Llosa. If you use only one surname, it's Vargas, the paternal, not Llosa, the maternal.

b) paucity of evidence? Zelaya attempted to perpetuate himself in power. Zelaya broke the law. Every single other political actor in Honduras was opposed including those appointed by Zelaya such as his Attorney General and the Human Rights Commissioner. The Constitution clearly did not allow for its amending by the chief executive and yet you think Zelaya is should be allowed to tamper with the charter at his whim and fancy. I would have to conclude that you believe that the ends justify the means. Next it's not like Honduras' scheduled elections have been canceled.

c) I have noted that Zelaya's ouster seemed extra-constitutional but Honduran lawyers suggest otherwise.  

d) Nicaragua is increasingly authoritarian, so is Ecuador, Venezuela is fast becoming a dictatorship. Bolivia may be the exception so far. So yes, Vargas Llosa is right in noting that elected populist represent a growing threat to liberty across the continent. There is such a thing as tyranny of the majority. Read the Federalist Papers. Madison Ten.

e) If you think Chávez is some sort of democrat. That would be hard to argue. Last year, Venezuela held regional elections. The CNE, Venezuela's electoral board that Chávez packed with his supporters using those wide powers of appointment that I talked about in the post, disqualified over 300 candidates from running. All were from the opposition and included some of the most popular opposition figures. The Supreme Court, again packed by Chávez, upheld the disqualifications. The reason given for their disqualification was nebulous charges of corruption and yet no legal charges were brought. Chávez has closed newspapers and television stations. You are seeing a creeping tyranny. He now controls just about every important institution and post in Venezuela. The sole exceptions are the governorships of Zulia and Caracas, where over half the country lives. Elsewhere, chavismo reigns supreme.

Your argument is an ends justify the means. I find that a slippery slope and a threat to liberty as I understand it.


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by Charles Lemos on Fri Jul 03, 2009 at 01:51:44 AM EST
[ Parent ]

The Threat of Continuismo (none / 0)

Legal or not it was still a coup in Honduras. I get what you are saying about South American governmental adherence to the law hangs by the thinnest of threads, namely term limited presidents.

But sorry, I'm not buying it. It's like when marriages fail there is usually some final act that gets blamed when for a long time the reality was that it wasn't working.

Face it, term-limited pseudo-democratic governments with excessive executive power are institutions ripe for external control. Whether that's by imperial external actors or internal concentrations of economic power.

Give Morales in Bolivia a bit more time. You're not going to like him either.

I think you need to adopt the same attitude you have towards drugs, where you would legalise as much as is needed in order to return monopoly control of violence to the government. So legalize presidents for life. It's what we've done here in Chicago. Chicago has an overly powerful executive and a weak legislative branch and a toady judicial. I'd trade in our mayor-for-life for a populist one. Of course, if they aren't progressive they will soon become another corporate lapdog.

So sorry again, I'm still a fan of Chavez, warts and all. Not saying I might not change my mind though, just haven't yet. If/when Chavez becomes a corporate lapdog, which with all the power he is amassing should be easy to do, then he'll lose my fandom. And actually the same goes for Cuba, which has even bigger warts.


Jeff Wegerson - PrairieStateBlue
by wegerje on Fri Jul 03, 2009 at 10:14:51 AM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

I actually like Morales.

Despotism of the left or right is a mortal danger to democracy. Most of Latin American leans left, only Venezuela, Ecuador, and Nicaragua are headed towards despotism.


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by Charles Lemos on Fri Jul 03, 2009 at 04:41:48 PM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

I don't buy this charge that he is making a "ends justify the means" argument.  In fact, that the type of argument you seem to be making.  You have decided that "Continuismo" is the greatest threat to liberty and thus, you justify the means of a military coup to preserve the end you have selected.

You say "liberty" as you know it and that you think this Continuismo is the greatest danger, I would argue that military coups in this region have been a pretty grave problem over the last century as well.  And it worries me when start deciding that "elected populists" are a grave danger.  Maybe we should start trying to fund the brave and selfless opposition... but we don't have a lot of extra funds... I have an idea, Iran is running into problems, maybe we could convince them to buy something from us.

Finally, you write "Liberty" as you understand it.  This seems to come back to a definition of liberty that is as at least old as the Romans.  The Optimates also seemed to have a problem with "elected" populists.  The reason they had to kill the Gracchi brothers wasn't their land reform, it was to preserve liberty (not their property that they had stolen) and then there was that ambitious Caesar that they had to deal with (See The Assassination of Caesar: A people's history of Rome)....  You see it the populism of the Populares is the real threat to liberty.  The Optimates had two consuls, the senate and  checks and balances... awesome, that is real freedom, it doesn't really matter that the system worked to stop any reform for the people, what do they matter, who cares that they are rotting in poverty while the elite have their formal "liberty" (to protect them)


by labor nrrd on Fri Jul 03, 2009 at 12:26:02 PM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

He views Zelaya as a friend of the poor, thus anything Zelaya does is fair game including usurping power and promoting an referendum that was clearly illegal. Zelaya is not a victim in this. He is the culprit and inherently anti-democratic. This is not a question of right versus left but right versus wrong and it is Zelaya who was wrong from the start.


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by Charles Lemos on Fri Jul 03, 2009 at 04:45:08 PM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

He dropped the idea of a binding referendum, and was holding a non-binding referendum, which is clearly and specifically allowed in the constitution, under the section on participation.

Why he would want to hold a non-binding referendum is not discussed anywhere I can find, but I assumed it was so that he could show the popular will for change, while the iron was hot.

I dont like term limits, they are a peculiarly republican invention to get rid of popular politicians in the US, without going to the trouble of beating one in an election. But that is neither here nor there.

I honestly do not know why you holding onto such an indefensible position. I cannot figure it out.


by commentist on Fri Jul 03, 2009 at 05:35:01 PM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

Latin America is not the United States.

Latin America's political traditions lean authoritarian. There is a marked preference for strong chief executives. They have powers of decree and wide powers of appointment. There is no Senate confirmation of appointments as there is here in the US. You can rule by decree. Incidentally, Zelaya attempted to hold his nonbinding referendum via decree. The Congress balked. The historical check on despotism has been term limits. That's why you can't alter them.

Zelaya overstepped his constitutional authority. You can argue that the Honduran Constitution is flawed if you want but it remains the supreme law of Honduras and you can change one of two ways legally or illegally. Zelaya attempted to do so in an extra-constitutional fashion. And the rest of Honduras' political establishment, and I mean every other political actor in the country, said what Zelaya was attempting to do was illegal.


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by Charles Lemos on Fri Jul 03, 2009 at 08:15:06 PM EST
[ Parent ]

Re:"The Threat of Continuismo" (none / 0)

Zelaya has left for Honduras! The prayers of peace loving and democracy loving people go with him.

He is accompanied on his plane by the President of the General Assembly of the United Nations, and accompanied on a separate plane by the Presidents of Uruguay, Paraguay and Argentina.


Latin America is not the United States.

And THEY are not the United States. They are Latin America, and they are acting on faith, passion and a commitment to democracy that is beyond admirable, and without arrogance.


by commentist on Sun Jul 05, 2009 at 04:03:56 PM EST
[ Parent ]

Re: The Threat of Continuismo (2.00 / 1)

Huffpost has a better article, The Other 9/11 Has Returned to Stalk Latin America with a more historical and democratic bent for those that might like to look.

b) paucity of evidence? Zelaya attempted to perpetuate himself in power. Zelaya broke the law.
Getting a disagreement about a planned vote with a Supreme Court is not breaking the law. I don't remember any American president getting arrested and martial law imposed when the SCOTUS overturned a Presidential action.

and yet you think Zelaya is should be allowed to tamper with the charter at his whim and fancy.

Do I? This argument? This is not an argument. It does not represent what I say or imply or anything this is a straw man. I cannot believe that I was forced to click a button "acknowledging that I had been warned" about ad homenim attacks, which I can find nowhere, and then get this as a "debate point."
I would have to conclude that you believe that the ends justify the means. Next it's not like Honduras' scheduled elections have been canceled.
Where do you get that I support 'the ends justify the means?' Again this is a straw man, not a conclusion, and pretty damn rude. What Support is the rule of law, democratic norms and I support Obama, who recognizes only the legal President, and Sec State Clinton and the OAS.

c) I have noted that Zelaya's ouster seemed extra-constitutional but Honduran lawyers suggest otherwise.

In your first article which used the words 'seemed' outraged me. And I find it appalling here. There  is nothing about seemed when there are tanks in the street, speech has been curtailed, curfews imposed, assembly denied and international outraged has been poured on them.

d) Nicaragua is increasingly authoritarian, so is Ecuador, Venezuela is fast becoming a dictatorship. Bolivia may be the exception so far. So yes, Vargas Llosa is right in noting that elected populist represent a growing threat to liberty across the continent. There is such a thing as tyranny of the majority. Read the Federalist Papers. Madison Ten.
This is far from a self labelled progressive analysis about Latin America as I have seen. The right winger Vargas Llosa, who was rejected in his campaign for president, for his neo-liberal policies with an almost laughably low vote in Peru decades ago, is a strange man to cite as an authority in anything. And the bald quote relies merely on name recognition for any quality of importance as thinker, which is not enough.

e) If you think Chávez is some sort of democrat.
Again, the citing of foriegn nations as support for a coup d'etat is beyond me. It seems that in order to support the coup, you cite other nations with examples of policies you do  not support, and then tie it to Honduras, with a quote from Vargas Lloas, who has no standing in my eyes as a 'brilliant you understand nothing if you don't know this writer' -again it seems like a straw man to say, which is nowhere cited, something about Chavez.

Your argument is an ends justify the means. I find that a slippery sloe and a threat to liberty as I understand it.
This is the worst part of your attack. You support tanks in the streets, suspension of the right to assemble, the arrest of the President and the typical 'promise of elections' and then you accuse me of supporting the ends justifying the means? That's incredible! I want the Rule of Law, democratic norms, the restoration of the legal President. I support Obama's position. I support Secretary of State Clinton's position, the position of the UN, the OAS and I oppose a long history of anti-democratic arrogance.


by commentist on Fri Jul 03, 2009 at 12:58:29 PM EST
[ Parent ]

Re: The Threat of Continuismo (none / 0)

Getting a disagreement about a planned vote with a Supreme Court is not breaking the law.

Actually it is since the Honduran Supreme Court, the country's Attorny General, and among others all declared the referendum illegal. There ends your argument.  


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by Charles Lemos on Fri Jul 03, 2009 at 04:49:08 PM EST

Re: The Threat of Continuismo (none / 0)

Okay so you want to win the argument, and I have lost. Fine. I thought we were discussing, as citizens, world and national and principled events and not a school yard game.

I was going to say, before I lost:

If the president murdered someone he would be unfit for office, however, if Gov Schwarzenegger put forward a referendum removing the right of gay people to put forward propositions about marriage, that would not be allowed, or after it went through, it would be overturned, as it is illegal to remove rights by simple majority vote in referendum.

He would not however be removed from office with guns. Californians may decide to hold a recall  of the still elected responsible executive with the rights granted a governor in California. And that protects the rights of Californians and Americans and all democracy loving people.


by commentist on Fri Jul 03, 2009 at 05:28:29 PM EST
[ Parent ]

Where it all breaks down is here. (none / 0)

So if so much of the official government was opposed to an "illegal" process how exactly was the referendum supposed to be effected. So were some rogue elements in the military along with rogue local governments going to set up rogue polling stations to collect a rogue vote? Doesn't make sense. Either there was more support for the non-binding vote than you're suggesting or the process was going to collapse under its own weight. I get where voters are often swayed irrationally by either populist despots or moneyed-interest backed commercial advertisement propaganda (see California, U.S.) but at some point democracy requires votes and the more opportunities to vote generally the more democracy.


Jeff Wegerson - PrairieStateBlue
by wegerje on Fri Jul 03, 2009 at 05:33:25 PM EST
[ Parent ]


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