Cicig's Anti-corruption Approach in Guatemala
| Publication year | 2011 |
Introduction
In a state like Guatemala, which experienced great internal conflict after gaining independence, the greatest threat to democratic rule is government corruption. Corruption is so rampant that combatting it requires international cooperation between the Guatemalan government, the United Nations, and other interested states. This article analyzes the inception of the International Commission against Impunity in Guatemala (CICIG)(fn1) and its approach to fighting corruption.
The first section of this article gives a summary of the Guatemalan government corruption problem, including a discussion on the civil war that raged throughout Guatemala for four decades, the war's effects on social, political, and economic conditions in the state, and the major groups that contribute to impunity in Guatemala today. This summary is important because it explains the realities that necessitated CICIG's creation.
Next the article discusses modern anti-corruption theory in order to understand the rationale for the anti-corruption approach CICIG has taken. Corruption theory helps one identify the issues that Guatemala must face as it fights against corrupt actors. A critique of some of the concepts behind modern anti-corruption theory establishes that CICIG's anti-corruption approach in Guatemala is unconventional in that it is an approach unto itself.
The third section of this article discusses the CICIG agreement between the Secretary-General of the United Nations and the Guatemalan government. The agreement gives the Commission a major role in carrying out its anti-corruption mandate. This section explains CICIG's powers, function, and structure, and raises the question: with respect to language of the CICIG agreement, what is the actual relationship between the United Nations and the CICIG?
The last section of this article gives an overview of CICIG's activities as complementary prosecutor, legislative reformer, and provider of technical assistance to the Guatemalan government. This section also highlights statements by Guatemalan political leaders and citizens, revealing mixed feelings about the Commission and its progress against corruption. The criticism of the Commission's activities raises doubts regarding whether CICIG's activities will have a lasting effect on Guatemala's culture of corruption.
I. Summary of Corruption Problem
A summary of the internal conflict preceding CICIG's creation illuminates why the domestic political system has a propensity toward corruption. Following independence, Guatemala experienced high levels of intrastate conflict. A civil war spanning decades, a thriving drug trade, and illicit groups with powerful influence and financial connections amalgamated to impair Guatemala's ability to govern.
A. The Civil War
From 1960 to 1996, a state of perpetual civil war eviscerated Guatemala's ability to govern competently and safeguard fundamental human rights.(fn2) During the war, leftist guerillas, right-wing death squads, and government forces caused the death of 200,000 people.(fn3) The war pitted the government military dictatorship against leftist revolutionaries who demanded a "new social, political, and economic order."(fn4) State repression replaced functioning governance as public spaces were closed, government-endorsed racism ran rampant, and most Guatemalans were excluded from the political process.(fn5) The war's most violent period was between 1981 and 1983, where approximately half of the 200,000 total deaths occurred.(fn6)
The war weakened Guatemala's governing institutions by draining state resources as successive governments fought against insurgents throughout the country.(fn7) As the government weakened, the military amassed greater influence over all aspects of the state. For example, during the 1960s and 1970s, the Guatemalan Army dominated the executive branch of government.(fn8) Throughout the 1980s, the military's hegemony allowed it to dominate the state apparatus.(fn9) Toward the end of the war, the military maintained control over government decision-making through less transparent back channels and informal connections.(fn10)
In 1996, the war's conclusion revealed that, after 36 years of fighting, Guatemala's young men had little formal education and few professional talents, except shooting guns. Because of the perpetual state of conflict, large supplies of weapons remained readily accessible across Guatemala, while the military enjoyed immeasurable resources and influence over the government.(fn11) The decades-long conflict caused large groups of Guatemalans to flee the country in order to pursue lives free from violence.(fn12)
B. Inter-American Drug Trade
Because government corruption weakened the Guatemalan government, the inter-American drug trade thrived in Guatemala.(fn13) During the 1980s, Guatemala, a long-time poppy cultivator, grew in importance in the cocaine trade.(fn14) Guatemala's weak state institutions, largely uncontrolled borders, and vast expanses of rural terrain made it an ideal superhighway for transporting drugs for distribution throughout the Americas.(fn15) Colombian drug traffickers moved drugs through Central American countries in order to reach Mexico and the United States.(fn16) The amount of cocaine alone transiting Guatemala annually is estimated to be worth $7 billion.(fn17)
State instability and violence because of the drug trade is common among the states of Central America.(fn18) The murder rates in Guatemala, El Salvador, Honduras, and Belize, all important countries in the over-land narcotics distribution network, were between three to five times the murder rates in Mexico from 2003 to 2008.(fn19) This statistic is startling considering Mexico's guerilla insurgency between state and federal forces and drug cartels vying for territory and control.(fn20) Drug trade connections with the government run deeper than bribing or intimidating local political figures into ignoring trafficking activity, as the Guatemalan government has recently instituted measures meant to combat corruption of high-level government officials aligned with the drug cartels.(fn21)
C. The Big Three: Illicit Groups Influencing Government
Three groups are identifiable as significant contributors to impunity in Guatemala.(fn22) These groups influence Guatemala's governing institutions through bribery, threats of violence, and murder.(fn23) While the groups discussed should not be considered the only contributors to impunity in Guatemala, they represent the worst and most easily recognized offenders that CICIG must confront.(fn24)
The first major contributors to impunity are international drug cartels moving their product through Guatemala en route for distribution in the United States and Mexico. The dominant drug cartels of the inter-American drug trade include the Sinaloa Federation, the Gulf Cartel, Los Zetas, the Juarez Cartel, the Tijuana Cartel, the Beltran Leyva Organization, and la Familia Michoacana.(fn25) The cartels operate in ever-changing borders and do not operate within the strict boundaries of the sovereign states that they occupy.(fn26) The cartels fight for influence and territory using any means necessary to achieve their goals of gaining new turf and achieving influence.(fn27) The drug profits these organizations generate contribute to state impunity because, in a system riddled with crooked public officials, government officials can be bought. Estimates project that $1 billion in bribes go to Guatemalan public officials annually.(fn28)
The
Members of the hidden powers acquired their initial influence and wealth during the civil war era.(fn34) Military officers that rose through the ranks during the civil war years gained great influence over state functions because of the military's dominance at that time.(fn35) It is likely that members of the former military elite account for a powerful segment of the hidden powers.(fn36) In addition to connections with the military, the hidden powers likely attempt to exert influence over government ministries, the judicial system, the National Civilian Police, and right-leaning political parties.(fn37)
Gangs are a third major group contributing to corruption in...
To continue reading
Request your trial