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With the elections barely two weeks away, efforts to improve the transparency of the electoral process are in evidence, albeit with imperfect results. On a more general level, the official entry into force of the law establishing the International Commission Against Impunity in Guatemala (Cicig) has raised concerns as to the scope of its power and potential for investigating organised crime.
On 9 August, the NGO Acción Ciudadana (AC) presented a report which ranked the Guatemalan parties according to transparency, on the basis of financial information submitted to the supreme electoral court (TSE). Unsurprisingly, the main parties performed best in the rankings and included right-wing Partido Patriota (PP), the electoral platform of former general Otto Pérez Molina, currently second in the polls, and the centre-left Unidad Nacional de Esperanza (UNE), the party of presidential favourite Alvaro
Colom.
On 13 August, for the first time in Guatemalan history, the TSE published a list of the political parties' funding sources, in response to calls for improved transparency. Local analysts maintain that while certain figures are open to question, the act of publishing the names of donors is a "big step" in strengthening the democratic process. They emphasise the importance of establishing the principle that the public has access to information about who is financing political campaigns.
The report was nevertheless incomplete and four parties - Unión Democrática, Unidad Revolucionaria Nacional Guatemalteca (URNG), Partido de Avanzada Nacional (PAN) and Alianza Nueva Nación, (ANN) - failed to submit the information at all.
The local press also reported discrepancies in the information submitted by the different parties to the TSE compared with that tracked by different watchdog organisations: while the UNE reported donations of Q1,681,000 (US$219,452) to the TSE, Mirador Electoral (ME), an umbrella group of academic institutions and civic organisations acting as electoral observers, reported this figure was Q22,755,000 (US$2,970,627) and another watchdog, Media Guru reported funds of Q22,213,124 (US$2,899,886); the PP reported funds of Q4,682,000 (US$611,227) to the TSE while ME and Media Guru tracked this as Q17,075,000 (US$ 2,229,112) and Q18,778,263 (US$2,451,470) respectively; in its report to the TSE, the ruling coalition, Gran Nacional Alianza (Gana), claimed spending of Q9,476,000 (US$1,237,076) while ME recorded this as Q17,075,000 (US$2,229,112) and Media Guru Q20,101,000 (US$ 2,624,151).
As well as questions over the information submitted, TSE president, Oscar Bolaños also termed "ridiculous" the sanctions within the TSE's remit to punish those who fail to provide the information. The heaviest fine it can levy is Q1,000 (US$131).
Meanwhile further problems with the electoral process came to light with the presentation by the Indigenous Observation Mission to the TSE of its report, also on 14 August. Among the many serious deficiencies highlighted, the document underlined the lack of information available in indigenous languages (the indigenous population accounts for around 60% of the population with over 20 indigenous languages spoken). The report also criticised the high level of ignorance on the part of many communities regarding the elections and raised questions as to the democratic nature of the process.
Cicig enters into force
Efforts to improve transparency in the electoral sphere were also echoed on a general level with the launch on 16 August of the law which establishes Cicig, following its approval by congress on 1 August.
With an initial two-year mandate, the law stipulates that Cicig will be an independent body with headquarters in Guatemala City, although its commissioner will be appointed by - and report periodically to - UN Secretary-General Ban Ki-moon. The commission will investigate crimes committed by "criminal structures and clandestine security organisations that threaten civil and political rights and undermine the rule of law in Guatemala."
While the move to create Cicig was applauded by human rights organisations, the international community and the government alike, one concern that has emerged in the local media involves a statement by attorney general, Juan Luis Florido that the foreign ministry and the executive will decide which cases will be investigated. He explained that the attorney general's office and Cicig will sign an agreement clearly detailing what the commission's remit will be. This has provoked concerns that many cases involving government officials or threatening elite interests may consequently never come to light.
A further criticism that has also emerged involves the fact that Cicig will not be able to investigate crimes retroactively - meaning that those behind the war crimes committed during the internal conflict (1960-96) will not be investigated. This has been mitigated to a certain extent by the hope that at least forced disappearances will be investigated by the new institution as long as the whereabouts of the missing person is unknown.
Esso embargo tests US-Nicaragua relations
A recent embargo issued by Nicaraguan authorities against US oil company Esso is proving a serious threat to relations between the US and Nicaragua. It also represents the latest example of a seemingly inconsistent approach towards the US which is currently employed by President Daniel Ortega. Ortega recently accused the US of conspiring against his Sandinista government while at the same time declared himself prepared to discuss a possible handover of Sam-7 missiles.
The Esso dispute began on 17 August when a judge in Nicaragua's western province of Chinandega ordered a goods embargo against the US transnational in Corinto, Nicaragua's main Pacific port. The local press reported that the embargo followed an accusation by the national customs authorities (DGA) that Esso - which controls 47% of the domestic hydrocarbons market in Nicaragua - owes the DGA nearly US$3m in taxes.
The embargo against US investors of such clout as Esso has inevitably provoked much speculation. The opposition is suggesting that Petronic, Nicaragua's state oil company, is behind the decision, with the ultimate aim of using the installations to import Venezuelan oil, a theory fuelled by rumours that the security guards controlling the oil deposits are on the Petronic payroll.
The US was quick to respond to the embargo and on 20 August, the US ambassador in Nicaragua, Paul Trivelli, told Nicaragua's foreign minister, Samuel Santos, that the matter could damage economic relations with Nicaragua. Santos responded that the issue was not a matter for the executive but for the judiciary and added that "some companies" - without providing names - are used to not paying taxes and when pressed for payment by the authorities resort to threats. The US is a key trade partner for Nicaragua; last year Nicaraguan exports to the US totalled US$333m, excluding products from duty free zone