Thursday, April 7, 2011

Nepotism Laws and Presidential Divorce

Just in case you haven't been following this story (see here, here and here, too), Guatemalan politics have once again taken a strange turn. As with all good political intrigues, this tale includes a woman some have called the power behind the throne, a high-powered divorce,  allegations of corruption, an opposition candidate with a shady military past, and lots of money.

The Guatemalan Constitution forbids the close relatives of the incumbent president and vice-president to run for president, a nepotism law put in place as a impediment to the establishment of presidential dynasties. Why is it important to know this small piece of Guatemalan law, you ask? Because the wife of the incumbent president, Sandra Torres de Colom,* has announced her intention to run for the highest office in the elections this September. Initially, Torres argued that her candidacy was legal because she is not a blood relative of President Colom, but rather a relative by marriage. After the courts ruled that her definition of "close relative" did not hold up, the couple announced that they would be filing for divorce. That's right, divorce. If she is no longer married to the president, then she can be a legitimate presidential candidate. At least that is, unless the current legal challenges to this political maneuvering hold up in court.

Sandra Torres is a controversial figure in Guatemala. She is the face of Colom's social programs, and has a strong following in rural areas, where the Mi Familia Progresa (My Progressive Family), a conditional cash transfer program, has raised living conditions for many indigenous women. The Mi Familia Progresa program, however, has been pinned with numerous allegations of corruption and embezzlement, and Torres herself has been accused of corruption, fraud, and misuse of public funds. She was also implicated in the murder of a lawyer in 2009, a bizarre case that I wrote about in previous posts (here and here). Both Torres and her husband were cleared by the CICIG of being involved in the Rosenberg murder, but accusations of corruption still hover around the presidential couple.

The presidential election in Guatemala this fall will be quite an interesting spectacle. The last presidential election in 2007 was one of the bloodiest on record, with over 50 politicians killed in the six months leading up to election day. Many of the deaths were attributed to "common crime," but it is most likely the case that most of these murders were politically motivated. Hiring assassins is apparently a relatively cheap and easy way to defeat your political rivals. This election season may or may not be as bloody as 2007, but it has certainly be fraught with controversy so far. The Economist article that I link to above puts the situation in easy to understand terms, so I'll quote it here:

Ms Torres is not the only candidate running on dubious constitutional grounds. Álvaro Arzú, a former president, is campaigning despite a ban on re-election. Zury Ríos, a congresswoman, may be blocked by a prohibition on the relatives of the organisers of coups, since her father, Efraín Ríos Montt, toppled a government in 1982 and installed himself as dictator. Eduardo Suger, another possible candidate, was born in Switzerland and may not meet the requirement to be “Guatemalan in origin”. “Ministers of religion” are forbidden from running too, which might spell problems for Harold Caballeros, the founder of a large evangelical church.
One of the few candidates free of constitutional entanglements is Otto Pérez Molina, a former general who narrowly lost a run-off vote to Mr Colom in 2007. Mr Pérez Molina is the strong favourite: a recent poll put his support at 43%, with Ms Torres next on only 11%. In 2007 he promised an “iron fist” against crime. Since then Guatemala has become far more dangerous, as Mexican cocaine smugglers have put down roots in the wild jungle areas near the northern border. After four years of the soft-spoken Mr Colom, some Guatemalans might fancy an ex-army man to drive the gunmen back across the frontier (The Economist March 24, 2011).
 When I was in Guatemala last summer, may people told me they thought that Otto Pérez would be the next president. Not because of his policies, or because of his popularity, but because he came in second in the 2007 elections. I heard from a number of sources that that is how politics work in Guatemala. The runner up of the previous election will win the current one. Berger can in second to Portillo in 1999 and won in 2003. Colom came in second to Berger in 2003 and won in 2007. The logic goes that people want to vote for whoever they think will win. So they say, anyway. I guess we'll find out in September. Or December, if it comes to a run-off. If no one gets 50 percent of the vote in the first round of elections (which is tough to do, especially if there are 14 presidential candidates like there were in 2007), then there will be a run-off election a few months later between the top two candidates.

* a note on Guatemala surnames: Most Guatemalans use two last names, one being their mother's name and the other being their father's name. The first last name is the father's family name, and the second last name is the mother's family name. When addressing someone, you would use the father's family name (the first last name). So, for example, Otto Pérez Molina is often called Otto Pérez, and if you were speaking to him in person you would call him Sr. Pérez (or perhaps General Pérez?). This is why President Colom, whose full name is Alvaro Colom Caballeros, is called Colom and not Caballeros. For married women, the name changes a bit. When a woman gets married, she drops her mother's family name and places her husband's first last name after her father's family name, with a "de" (of) in between. Hence, Sandra Torres de Colom. Make sense?

***Update: As pointed out to me by a friend currently living in Guatemala, Arzú's candidacy has been ruled unconstitutional and images of his wife have begun to appear on posters around the city. I seem to remember seeing something about this in the news recently. Since Arzú is not currently president, his wife is free to run. (Thanks, Sophie, for the heads up on this!)

1 comment:

  1. Thanks for writing this! Now maybe I can just link to here from my blog instead of trying to explain it myself ;)
    You might want to add that since Álvaro Arzú's candidacy was ruled out by the consitutional court because he's an ex-president, his wife Patricia de Arzú has been appearing on all the posters.

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