The Movimiento al Socialismo (MAS) government of President Evo Morales is facing one of its worst corruption scandals since the drug-smuggling case implicating the former head of the counter-narcotics force (Felcn), René Sanabria, in March 2011 [WR-11-12]. As well as threatening a new source of tension in US-Bolivia relations (the case involves a US businessman Jacob Ostreicher), it is providing the first real test for Bolivia’s new attorney general, Ramiro Guerrero, whose initial moves as part of his declared crackdown on corruption have done little to inspire confidence among the political opposition.
On 27 November Fernando Rivera Tardío, the former director of legal affairs at the interior ministry, and José Manuel Antezana Pinaya, a senior official in the ministry of the presidency and a member of the directorate of the state-run cardboard company (Cartonbol), were arrested. The two are accused of heading up an extortion ring which, according to Interior Minister Carlos Romero, included a string of officials such as Hugo Franklin Pedraza Suárez, a former inspector from the state agency in charge of seized assets (Dircabi) and Boris Villegas, a former legal director at the interior ministry.
The alleged “mafia” came to light after Ostreicher, who was jailed over a money-laundering investigation 18 months ago (see sidebar), claimed that his incarceration had allowed corrupt officials to extort money from him. According to reports in the international media, Rivera demanded US$50,000 to arrange the release of Ostreicher, who was being held without charge - the Bolivian justice system allows an individual to be held for 18 months without charges. As well as highlighting the congested state of Bolivia’s justice and prison system – where just 16% of prisoners have been convicted and where, at 233%, only El Salvador has a higher rate of overcrowding in the region – the scandal has once again focused attention on anti-corruption efforts.
Since taking office at the end of October [WR-12-44], Guerrero has been clear that stamping out official corruption is a top priority. While there has been mixed progress under the Morales government with regards to this (see sidebar), the continued room for improvement was most recently highlighted in the latest (2012) Corruption Perceptions Index (CPI) compiled by the NGO Transparency International and released on 5 December which ranked Bolivia down at number 105 of a total of 174 countries. It scored just 34 of 100 overall on the CPI index (newly revised this year), but in the region it was still above Mexico, Guatemala, the Dominican Republic, Ecuador, Nicaragua, Honduras, Paraguay, Haiti and Venezuela.
However, Guerrero has done little to assuage doubts raised by the opposition regarding his appointment, given his links to the ruling party [WR-12-44]. One of his initial moves was to replace all nine regional attorneys on an interim basis as part of efforts to purge the institution. But, his appointment of José Angel Ponce as regional attorney for La Paz proved controversial: the opposition accuses Ponce of delaying investigations into the notorious police crackdown in September 2011 against indigenous protesters opposed to the controversial government plan to route a national highway through an indigenous territory (Tioc) and national park, Isiboro Sécure (Tipnis). They also say that the attorney general moved to exclude the former interior minister, Sacha Llorenti, a close Morales ally, from the investigation.
As well as facing the inevitable opposition calls to resign over the interior ministry scandal, Romero, a core member of Morales’ inner circle, is also under pressure vis-à-vis another issue related to the government’s anti-corruption efforts – a bill on confiscation and asset recovery, with which he is closely associated. Ratified by the lower chamber of congress on 1 October and awaiting approval by the senate, the bill, which would permit the confiscation of goods suspected of belonging to those involved in criminal activities such as contraband and narco trafficking, has triggered major protests from Bolivia’s large informal sector, threatening a new source of unrest for the Morales government. Protesters complain that they are being grouped together with more serious criminals, like narco traffickers, and that the initiative violates the presumption of innocence until proven guilty. They also object to the fact that the bill establishes a five-day deadline to prove the legal origin of property or vehicles of those accused of contraband or narco trafficking.
Under pressure, Morales has since said that the initiative would go to the plurinational constitutional court (TCP) for consideration. Yet the controversy over the bill follows other efforts at tackling contraband – particularly related to car theft – indicating what remains a continued problem for the MAS government and to which some consider it may have contributed.
These efforts include the 17 October announcement by Jorge Saravia, the head of Bolivia’s office against car theft, of plans to carry out a “mega-operation” with Argentina, Chile and Brazil to crack down on regional car theft. Morales’ detractors claim that this situation has worsened since the promulgation of a law in June 2011 granting an amnesty to owners of unregistered vehicles (known as chutos, many of them likely stolen), allowing them to pay a moderate fee to obtain legal documents. While Morales argued that the law was necessary to address the problem of chutos and would help poor people improve their status by legally owning a vehicle, the amnesty had an immediate impact in neighbouring countries, with officials in Chile, Brazil and Argentina complaining that the move resulted in a surge in car theft.
Gearing up for the Beni election
The pressure on the MAS over the latest corruption scandal comes as it is gearing up for the gubernatorial election scheduled to take place on 20 January 2012 in Beni – a region traditionally hostile to Morales and the ruling party. The vote was triggered by the resignation of former opposition governor, Ernesto Suárez, who was suspended in December 2011 over corruption allegations which he maintains were politically motivated.
The MAS is fielding Jessica Jordan, a former Miss Bolivia who is currently head of the state agency for the development of macro-regions and border areas (Ademaf) in Beni. Jordan, a close ally of Morales and his minister of the presidency, Juan Ramón Quintana, was narrowly defeated in the last regional vote in April 2010 by 40% to 43% for Suárez. She is one of four candidates competing in the regional election. She faces: Pedro Nuni, a dissident MAS national legislator running with the left-wing Movimiento Sin Miedo (MSM) of popular former mayor of La Paz, Juan Del Granado; Ademirzon Algarañaz of the indigenous grouping, Nacer; and Carmelo Lenz Frederiksen, the current deputy governor of Vaca Diez, Beni’s biggest province, who is running for the Frente Único coalition. This comprises Suárez’s Primero Beni, Verdes, which is allied with Santa Cruz governor and Morales’ long-time opponent, Rubén Costas and national parties such as Unidad Nacional (UN), of cement magnate Samuel Doria Medina, Acción Democrática Nacionalista (ADN) and Convergencia Nacional.
Beni is one of the least populated of Bolivia’s nine regions (accounting for 4.3% of the 8.2m population on the last [2001] census figures) and 2.64% of national GDP in 2011. But, victory for Jordan would give the MAS control of all but one of Bolivia’s nine regions - Santa Cruz.
As of yet no polls have been released. However, the fragmentation of the opposition and the MAS’s growing presence in the region points to the strength of Jordan’s chances: support has grown from 16.5% in the 2005 presidential election that saw Morales win office for the first time, to 37.7% in the subsequent 2009 presidential election.
According to a statement by Jacob Ostreicher’s wife, cited by the US House Committee on Foreign Affairs, Ostreicher went to Bolivia in December 2010 to manage a rice company. After the first harvest under Jacob’s management produced 50 million pounds of rice, “the government proceeded to investigate the properties of the company and realised that one of the properties was previously owned by a man who lived in Bolivia for the past 15 years. This man was wanted in Brazil in the 1990s, but did not have a criminal record in Bolivia… Jacob had nothing to do with this man and was not aware of his prior history. This was the excuse the prosecutors used to gain access to all the assets of the company and to then arrest Jacob on June 3, 2011”. Furthermore “no one in Bolivia knows where the rice is”.
Last year international anti-corruption NGO Transparency International (TI) gave Bolivia just 2.8 out of 10 (with 10 the best score) – the same as that registered in 2010. This was an improvement on 2.7 recorded in 2009 but a decline on 3.0 in 2008 and 2.9 in 2007. Yet it is worth pointing out that these scores reflect an improvement under the Evo Morales government, which first took office in 2006. That year, the country scored 2.7, up from 2.5 in 2005, 2.2 in 2004, 2.3 in 2003 and 2.2 in 2002.