Draft – Subject to changes Please do not quote w/o authorization Democratization and the Quality of Democracy: theoretical reflections with a practical application to Central America Jorge Vargas‐Cullellδ [email protected] Paper submitted to the International Political Science Association Congress Santiago, Chile, July 2009 Comments welcomed δ Ph.D, University of Notre Dame; Deputy Director of the State of the Nation Centre (Costa Rica). Introduction A slowly growing body of literature on the quality of democracy has emerged in the past two decades1. The seminal works of Beetham and colleagues in the United Kingdom (Beetham 1994; Beetham & Weir, 1995; Klug et. al, 1998) opened the way to a spate of works quite disparate in terms of their conceptual and empirical approaches and outreach (PEN 2001; IDEA, 2001; Altman & Pérez‐Liñán; 2002; UNDP, 2004; see works on the edited volume by Morlino and Diamond, 2005). In the present decade there have been attempts to lay out the theoretical and methodological underpinnings of the quality of democracy perspective as a theory, concept and program for empirical research, cfr: O’Donnell (2006, 2004), Vargas‐ Cullell (2004; 2008), Diamond and Morlino (2005), Morlino (2007). However, if the quality of democracy approach holds any promise, much work remains to be done. The conceptual links between democracy and quality of democracy, as well as between the latter and democratization, need to be carefully specified. If not, the quality of democracy perspective will lack of a sound theoretical grounding and can dissolve into thin air as an indeterminate, purely normative afterthought. One must be able to compare the quality (or qualities) of democratic polities according to a set of parameters firmly anchored on comparative theories of democracy. This paper sketches some groundwork for such an enterprise. It builds upon the attempt by the author to make sense of his experience conducting empirical research on quality of democracy issues during the past decade ‐‐departing point: the Citizen Audit of the Quality of Democracy in Costa Rica (1998‐2001). I argue that, as a derivative concept, the quality of democracy needs to be tightly woven to a concept of democracy. In turn, the consideration of the quality of democracy requires revisiting our understanding of democracy, broadening it to include issues beyond the procedural understanding of democracy as a political regime. The paper flows as follows. In the first part I present my understanding of the concepts of democracy, quality of democracy and democratization. In the second part, I present a brief excursus mapping out the quality of democracy in Central America. The aim is to show that the analytical framework can be subject to comparative empirical study. However, the scope of the excursus is deliberately limited: beyond describing the state of affairs, I do not engage in theory‐building. 1 Quality of democracy is an oft used expression in countless books and articles. However, it is seldom specified. In this paper I am interested in pieces aiming at systematically reflecting on and/or assessing the quality of democracy. 2 Conceptual discussion Beetham and colleagues’ innovative initiative to audit democracy in the United Kingdom made two important contributions. First, they introduced a set of empirically appraisable democratic standards, thus highlighting the evaluative nature of the quality of democracy perspective. Secondly, they broadened the scope of this perspective by going beyond a narrow understanding of democracy as a regime (Beetham 1994; Beetham & Weir, 1995; Klug et. al, 1998). The Costa Rican Citizen Audit experiment further elaborated the idea of auditing democracy. It implemented participatory methods to set up and assess democracy standards, and applied an evaluative method based on the ISO experience (PEN, 2001). In addition, borrowing from O’Donnell’s theoretical works, it relied upon a broad concept of democracy, one which includes some aspects of the state as constitutive elements. Quality of Democracy was defined “as the extent to which political life and institutional performance in a country with a democratic regime meets the democratic aspirations of its citizens” (Vargas‐Cullell, 2004: 96). IDEA 2001’s Democracy Report (2001) and Diamond & Morlino (2005) have been so far the most ambitious efforts to study the quality of democracy from a comparative perspective. IDEA applied Beetham’s democratic principles and set of requirements to the study of eight polities. Morlino & Diamond took a different stance: for them, quality of democracy refers to a good democracy. They go on to distinguish three meanings of quality for the evaluation of quality of democratic life (results, processes and contents). Analytically, eight rather overlapping dimensions are proposed, five of them procedural (Morlino & Diamond, 2005; Morlino, 2007). In an incipient field such as that of the Quality of Democracy, all these efforts have opened interesting theoretical and/or methodological possibilities. However, we still lack of some basic agreed upon understandings. In a sense, one is confronted with a series of monologues waiting for a spark capable of eliciting a good conversation. I would point out, though, that most works have avoided the temptation to devise summary measures of the quality of democracy ‐‐like the ones proposed by Altman & Pérez‐Liñan (2002)‐‐ due to the many unknowns once one goes beyond the realm of measuring polyarchy. In the rest of the first section I outline how I nowadays understand the concept of quality of democracy. My thoughts reflect critically on a body of works on this topic including others I have not mentioned yet (Hagopian 2006; Putnam, 1993; IDEA, 2001; Lijphart, 1999). I take stock with some of my previous work, and try to come up with a tighter, more parsimonious, approach. I aim at solving the weakest point of my original framework: the link between the quality of democracy and the core concept of democracy. In doing so, I hope I can contribute to a fruitful dialogue with other approaches. 3 Given that the quality of democracy is a derivative concept (Morlino, 2007; Diamond & Morlino 2006; Vargas‐Cullell, 2004), the departing point of my theoretical framework is the definition of democracy, the substantive object it qualifies. I understand democracy as a system to organize societal power relationships based on the premise of the citizen as an agent (O’Donnell, 2006, 2004; Vargas‐Cullell, 2008)2. In turn, I undertand democratization as the open‐ ended process through which a democratic organization of power relations disseminates in a society (Whitehead, 2002). As such, democratization is a vector and implies examining historical trajectories. When studying democratization one focus on change, how a society goes from point A to point B, for instance, from an authoritarian system to a democratic one3. Quality of democracy evaluates the outcomes of democratization at a given point in time. In particular, I define quality of democracy as the extent to which a polity meets certain parameters previously defined as constitutive of the concept of democracy. When studying quality of democracy, I gauge the gulf between real outcomes and democratic parameters. Outcomes may vary a lot from place to place, and, as we shall see, within a given polity. This is a non‐normative way of defining quality of democracy: although values and principles are woven into the fabric of democratic rules and practices, I do not conflate the quality of democracy with a good, virtuous system or citizenry. My focus is on assessing democratic parameters. To clarify the links between democracy, democratization and the quality of democracy I need to further elaborate on the concept of democracy I have just outlined. At the heart of democratic power relationships there is an act of delegation. The citizen, the source of legitimacy, delegates power to public authorities to govern in their name. However, this delegation is partial: the citizen‐ agent retains a substantial amount of power because she does not forfeit her rights. She always retains the ability to mobilize her rights as she see fit, within certain restrictions. Power ‐–delegated and non‐delegated one as well‐‐ is exerted according to two sets of rules. The first one deals with the question of who can exert power, that is, who has access to power and how. The second set of rules norm the exercise of 2 An agent is someone capable of adopting decisions and act in consequence. Dahl’s moral autonomy assumption states that all individuals are the best judges of their own interests and that differences do not justify guardianship (Dahl, 1989). Thus, civil and political equality ensues. In sum, democracy is not consistent with any kind of legal definition of citizenship, only with those based on the explicit recognition of individuals as political and moral agents. 3 Please note that I do not conflate democratization with “transition to democracy”. Democratization is a broader concept and can very well unfold in democratic regimes, what Parry and Moran term as “democratization within democracy” (1994) –for the record, Costa Rica after the 1980s is a interesting case of this type of democratization. For me, transitions are a special case of democratization, one concerning the change from non‐democratic regimes to a democratic ones. 4 power, how power can be exerted by those who wield it4. The interaction between the terms of power delegation and the rules to exert it leads us to four quadrants or dimensions (Figure 1). The first quadrant refers to the rules that norm the access to delegated power, the one vested in public authorities, as well as the rules that specify the means through which those who have been invested with authority relinquish it. In a democracy these regulations basically correspond to the electoral system, which in turn is grounded on constitutional rules that define the extent and limits of delegated power. The second quadrant refers to the rules that norm the access to non‐ delegated power, the one which citizens do not forfeit. This refers to the question of who enjoy the rights to have a say on issues of public interest, to elect those who will govern the polity or to be elected in government. In short, these rules specify who has been enfranchised as a citizen, a legal status which in modern democracies is supposed to be quasi‐universal, and what rights such as status implies. The third quadrant refers to the rules norming the exercise of delegated power, the one vested in public authorities. It deals with the carefully crafted and complex set of rules that define the lawful uses of power by those invested with public authority, the unlawful exercise of it, and the sanctions for trasgressing these norms. Please note that the brunt of these rules apply to non‐electoral periods, the time in which democratically elected goverments are supposed to govern democratically. This is what O’Donnell calls a “Estado de derecho” which in a democracy is a democratic Estado de derecho (O’Donnell 2006, 2004). In absence of a good english translation, hereinafter I will term it as the “Rule of Law and Accountability”. Finally, the fourth quadrant refers to the exercise of non delegated power by citizens, which leads us to the question of how people engage in public life and mobilize their rights. As we know, people can choose to exert rights and liberties –or not to do so‐‐, or (unfortunately) to exert them in ways that are inimical to democracy. Citizen engagement, of course, means involvement on issues related to the access to power (participation in electoral politics) and to the exercise of power (participation in governance and public policy making). In sum, my definition of democracy leads me, from an analytical viewpoint, to four quadrants or dimensions, and ,theoretically, to a controversial proposition which I do not have time to elaborate upon: democracy goes beyond a political regime, it surely contains a regime, but transcends it (O’Donnell, 2004, 2006). 4 This distinction between access and exercise I borrow from Sebastian Mazzuca (1999) although I draw a diametrically different conclusion from this useful distinction. 5 Figure 1: Four Dimensions of Democracy The problem of course is whether one can set out clear standards or benchmarks that to assess how far democratization has gone in a given dimension. I think that the literature has set agreed upon standards in two of these dimensions: the electoral dimension, where elections should be fair, free, decisive, competitive and periodical, and the citizenship dimension, where universal enfranchisement is a requirement (Table 1). Less clear and researched are the standards for the two other dimensions. Regarding the state, I think that the “democratic estado de derecho” concept posits a set of empirically appraisable conditions: (a) the recognition, enactment and effective enforcement of rights by the state; and (b) the subordination of public authorities to the law. In turn these conditions imply horizontal accountability (legal, political and administrative) to ensure that authorities remain within the law, and institutional openess to vertical accountability, to ensure that authorities and public officials remain responsive to citizens’ needs and demands. Finally, the murkier and softer dimension is the exercise of non delegated power by citizens. Here, I posit a still ill defined and temptative outcome: civic engagement in public life. I well know that it is impossible to specify an optimum 6 level of participation: while democracy would collapse if all citizens op out (novelist Saramago’s scenario in the “Ensayo de la Lucidez”), democracies can survive with fairly low levels of citizen involvement in public affairs. Nonetheless, in principle, more and diverse engagement is better than less, with an important caveat: that those participatory citizens do not mobilize their rights and liberties to back up forces striving to replace democracy. Widespread citizen support for democracy is, thus, a parameter of the quality of democracy. In addition, enough participation in the electoral front is needed as to render elections legitimate in the eyes of the citizenry. A similar criterion can be used with citizen engagement during non‐ electoral times: enough participation is needed to check any attempts by those in power to eschew accountability and to ensure responsiveness by public officials to people’s needs and demands5. Please note that some dimensions involve non‐regime aspects, for example: horizontal accountability and/or citizen engagement in non‐electoral times, what is known as societal accountability (Smulovitz and Peruzzotti, 2000). Evaluation of non‐regime dimensions of democracy can be done following , by analogy, the procedures through which scholars regularly evaluate whether elections in a given country have been free and fair6. In sum, a concept of democracy that goes beyond a polyarchical understanding of democracy was disaggregated into four dimensions or quadrants and ten standards for the quality of democracy were attached to them. In addition, it has allowed me to sketch a richer, more textured concept of democratization and to draw a distinction between democratization as a process or trajectory, and quality of democracy as an evaluative concept measuring the gap between real outcomes and democratic parameters at a given point in time. Finally, it helped my to derive the quality of democracy standards not from an abstract set of values and principles, but from constitutive aspects of democracy. 5 I readiy accept that “enough” is an ill‐defined standard. In time, I hope I can come up with a better specification. 6 Based on the four dimensional concept of democracy one could distinguish different types of democratization, because progress on one quadrant does not imply progress on the rest. Just to point some of them: (a) Democratization only along the first quadrant would amount to liberalization within an authoritarian political system. (b) Democratization along the electoral system and citizen enfranchisement quadrants (but not along the others, or very little) has been the focus of the transition literature that O’Donnell, Schmitter and Whitehead inaugurated more than twenty years ago. Here a democratized regime coexists with a State with strong authoritarian legacies. I suspect this is the case in many fledgling democracies in Latin America and elsewhere. (c) Democratization along the four quadrants involves deep penetration of democracy in the organization and functioning of the state during non electoral periods, and basically implies an extra polyarchical outreach. I suspect that most advanced democracies could fit into this category. 7 Table 1. Democracy Dimensions, Democratization Outcomes and Standards for Assessing the Quality of Democracy The Quality of democracy in Central America In the second part of my paper my goal is to apply the conceptual framework I briefly sketched to an –admittedly— general analysis of democratization and the quality of democracy in Central America. My main goal is to show that a broader concept of democracy, if attached to empirically assessable quality of democracy standards, renders new insights regarding the breadth and scope of democratization in this region. Before starting, though, I will place democratization within the context of a multifaceted and complex process of societal change Central America has gone through recently. Background Democratization in Central America is part of broader processes of dynamic societal change. In the past twenty years, the region has gone through five simultaneous and intertwined transitional processes. In spite of this dynamism, the region hosts some of the hemisphere’s more developmentally backward and unequal societies. The first transition was from war to peace. Twenty years ago, three countries were experiencing civil wars (Guatemala, El Salvador and Nicaragua) and one was militarily invaded by the US (Panama). In the 1990s, conflicts were put to rest by peace agreements between goverments and rebels –except for Panama—within a 8 regional framework for political negotiations called “Esquipulas 2”. The main outcome was the advent of civilian governments and the loss of clout by the military, the most powerful political actor since independence in the first part of the XIXth century in all countries but Costa Rica7. The second transition was from authoritarianism to democracy –the focus of this paper. Twenty years ago all countries but Costa Rica were dictatorships; none today. Nowadays, all have electoral democracies, though some of them are deeply flawed: Freedom House ranks four of the seven Central American countries as “partially free” (Freedom House, 2008), and others characterize them as semidemocracies (Mainwaring, Brinks and Pérez Liñán, 2004). We shall return to this but for now it is worth noting that nowadays, in Central America, elections are the unconstested means for accessing political power and political debate is quite lively and open. Since the early nineties several rounds of national and local elections have been conducted everywhere, and , except for once (Nicaragua’s 2008 local elections), losers have accepted ‐‐however grudginly‐‐ the outcome. The third transition has been developmental. All countries evolved from semi‐closed economies that combined agroexports (coffee, bananas, sugarcane and meat) and import substitution industrial policies, to open economies, deeply tied to the international system. The degree of openess varies markedly from country to country as measured by the Openness Coefficient (See Table 2): Guatemala has the less open economy (0.51) and Panama, Honduras and Costa Rica have very open ones (more than 1). Countries implemented significantly different strategies to insept themselves in the global economy: Panama is building a world‐class hub center around the Canal; Costa Rica has created a cluster of high‐tech export firms, while the rest of countries rely on non‐traditional agroexports (shrimp, fruits), low‐ tech textile industry, and “exporting” people (migration). However, none depends upon the raw agricultural commodities they use to export some decades ago. Central American countries are no longer rural societies. All are experiencing intense urbanization. Currently, more than half of its 42 million inhabitants live in urban centers, from a low of 47% in Honduras and Guatemala, were there peasantry is still extended, to more than 60% in the more developed southern area of the isthmus ‐‐Panama and Costa Rica (Table 2). Most metropolitan areas concentrate between 25% ‐ 50% of the country’s population –except for Honduras where there is no such urban primacy. Finally, the fifth transition is demographic in nature. All countries are going through processes of demographic transition. In the next decades, the population 7 The specific outcome varied significantly from country to country: in Panama, the military was abolished (thus creating with neighboring Costa Rica the first binational space without armed forces); in Nicaragua, El Salvador and, to a lesser extent, firm civilian control over the military was established. However, in Guatemala, the army remains as a powerful and independent political actor, with extended reserved domains. 9 will age rapidly and the largest cohorts in history of young people will flood the labor markets. The transition is far more advanced in Costa Rica and Panama, countries in which forty years from more than 25% of the population will be 65 years and older. However, change has begun already even in the developmental backwater known as the Central American “Northern Triangle” (Guatemala, Honduras, and El Salvador) which has experienced declining fertility and mortality rates since the 1990s. Demographics exert pressures for dynamic labor markets as well as for rapid increases in productivity; however, in the past few years that has not happened. While the image of Central America as comprising dormant –stagnant‐‐ societies is misguided, the region continue to be mired by deep social and economic problems. In spite of a recent spurt of economic growth, almost half of the population remains poor (46% in 2006) –and that was before the current economic crisis. 30 millions of the 42 millions inhabiting the region do not have access to social security, and 10 millions do not have access to any kind of health services (public, private or charity). Income inequality as measured by the Gini Coefficient is among the highest in Latin America, and it is rising in Costa Rica, the second less unequal country after Uruguay. One out of ten Central Americans has emigrated, the majority to the US. In El Salvador, Guatemala, and Honduras, remittances amount between 10% to 20% of their GDPs. State capabilities to promote social progress are weak: everywhere tax collection is low, and except for Panama and Costa Rica, social expenditures are among the lowest in Latin America (PEN, 2008; ECLAC, 2008). In addition, there are growing assymetries within the region. In 1965, the ratio of per capita GDP in Costa Rica and Panama, the more economically advanced countries, to Nicaragua and Honduras, the most backward, was 2:1. Today the gap has widened to 4:1. 80% of the regional population lives in countries that experience economic long term stagnation, and/or are just painfully recovering pre‐ civil war GDP per capita levels (PEN 2008). In sum, in the past two decades democratization has unfolded in Central America, as part of a multifaceted process of societal change. It went from being an exception (Costa Rica) to a regional trend. Democracy, however, has rooted on the unfriendly soil of developmentally backward societies. 10 Table 2. Central America: societies in multiple transitions, 19802009 Transition BZ GUA ELS HON NIC CRI Rural to urban 1/ Pyramidal to rhomboidal demographic structure 2/ (Year transition ends) ISI to open export‐led economy 3/ War to peace: peace agreement (Invasion) Authoritarianism to electoral democracy 4/ From colony to independence Democratization within democracy 5/ Number of Transitions ≤50% ≤50% 50%>x<60% ≤50% 50%>x<60% PAN >60% >60% 58% (2035) 50% (2050) 59% (2035) 54% (2040) 56% (2040) 64% (2015) 60% (2015) ND 0.51 0.79 1.18 0,57 1.02 1,38 1996 1992 1989 1990s 1994 1985 1990 1981 Mid 1980s 3∗ 5 5 4 4 5 1989 (US invasion replaces regime) 1994 3∗ 1/ % urban population in 2007 2/ % of the population between 15 and 65 yrs. 3/ Openness coefficient: (Exports +Imports)/GDP. All figures are for 2006. 4/ Year of first democratic election 5/ The term is borrowed from Parry and Moran (1994). Date indicates the period in which Congress approves constitutional reforms and/or ordinary laws significatively broadening and strengthening the institutions of the Rule of Law and accountability. Source: For notes 1, 2, 3, and 4: PEN 2008. For note 5, PEN, 2001. Electoral democracy In assessing the quality of democracy of Central American polities, I shall start with regime democratization, or more accurately, the establishment of electoral democracy: how far has Central America gone? This is the arena where political change has been more dramatic. In most countries we have functioning electoral democracies. More than 30 elections (national and local) have been held in this decade alone. Voters not only elect representatives to the Executive and Legislative bodies, but all of their relevant local authorities. In all countries, legally independent electoral bodies organize electoral processes and have the authority to declare the winners. The region also hosts the oldest and stablest Latin American democracy (Costa Rica). However, in terms of the existence of free, fair, decisive and competitive elections, electoral democracies in Central America confront unsettling unfinished business. In most countries, a key democratic guarantee is missing: the bodies responsible for organizing elections are politicized and partisan. The worst situation 11 is Nicaragua’s, where electoral authorities are handpicked by congress on strictly partisan ways (the ruling FSLN controls the Electoral Tribunal)8. However, five other countries have their share of politicization (Table 3) –in El Salvador, though, main parties have representatives to the electoral body thus creating some checks (as Mexico did in 2007). Political finance is a second problematic area. All countries have weak or inexistent regulation for private funding of political parties and no caps for electoral expenditures (Casas Zamora, 2007, 2002).In four countries the law is silent on this issue. This has not only created blatant imbalances between political parties –some of them directly controlled by powerful economic actors. In contexts of weak institutions, this loophole has opened the door forthe penetration of the political system by illegal actors –as it has happened in Guatemala, where representatives with criminal records and publicly known ties to organized crime have been elected. Regarding public subsidies, all countries but Costa Rica have weak or inexistent accountability (oversight) over how parties use public monies. Table 3. Central America: Type of electoral authorities and fairness of last election Selection Integration Non partisan Mixed Partisan (2) (1) Non political Costa Rica (3) (1) Last election 2007 (referendum): free and fair Polítical Guatemala, Honduras El Salvador (1) (0) Panama (2) Last election GUA: 2007 (national): 2009 (01‐legislative; 03‐ violence, irregularities presidential): free and HON: 2005 (national): fair minor irregularities PAN: 2009 (national): free and fair (0) Nicaragua (0) 2008 (local): fraud Note: Numbers within parentheses indicate scores according to the assurances for electoral fairness by type of electoral authority, in an ordinal scale. Range: (0) minimum score, (4) maximum score. Fuente: PEN, 2008 based in Artiga 2007 8 Partisan control over the electoral authority has allowed the FSLN –ruling party‐‐ to use the law as a weapon for political advantage: in 2008 the Tribunal cancelled two opposition parties on bogus charges; it has not published the complete results of the 2005 national elections and 2008 elections; also, it has authorized sudden redistricting to prevent popular opposition candidates to run for mayor of Nicaragua’s capital city. 12 The perverse combination of politicized electoral authorities and non‐ regulated political finance is a threat to political stability and, in the case of Nicaragua, has enabled a democratic reversion. Here, the 2008 municipal election was blatantly fraudulent, the first fraudulent electoral process in Central America since authoritarianism was vanquished in the region. As a result, the European Union and the US have cut social and economical aid programs to this country. In Honduras, the narrow victory of the Liberal Party in the 2005 elections unleashed riots, and calls for the military to step in, until backdoor negotiations succeeded in convincing the loser party to accept the outcome. In Guatemala, more than 100 people died of politically related violence in the 2008 elections, and the international community had to step in to shoulder electoral authorities in the ballotage. The brights spots are El Salvador, Panama and Costa Rica. Despite a flawed institutional design, in El Salvador the electoral body was able to aptly organize the hotly contested national elections in which, for the first time since the peace agreement of 1992, the party of the former guerrilla won (FSLN). The outcome was duly accepted by the fiercely rightst ruling party (ARENA). In Panama, the recent elections were free and fair, and in Costa Rica, despite a string of narrow elections (2002 and 2006 presidential, and 2007 national referendum), outcomes have also been free and fair. Democratic Rule of Law Even if in most Central American countries electoral democracies are fragile, they are so far the best part of the story. Democratization weakest spot in the region has been the inability to show substantial progress in establishing the institutions of the democratic Rule of Law and accountability over political powerholders. Herein, the quality of democracy is low, an unfortunate outcome that threatens progress at the electoral front. Democratic regimes can be easily encroached upon by states with strong authoritarian legacies, in whose womb they exist –as it has clearly happened in Nicaragua. In sum, the standard of a rule of law capable of enforcing rights, subordinating political power to the law and creating robust networks of political and legal accountability is not met –by far—in all Central American countries but Costa Rica. There are several indicators regarding the weakness of institutions of the rule of law, i.e., the meager budgets allocated for the judiciary. The argument here is not that more resources necessarily lead to robust and efficient institutions, but that the lack of resources prevents institutionalization. Costa Rica and El Salvador, annually invest around US$ 20 to US$ 30 in the judiciary (expenditures per capita) but most Central American countries are around 10 dollars or less per year. From a comparative perspective, this is extremely low (PEN, 2008: 523). In contrast, military expenditures are much higher. A basic indicator of access to justice, such as the number of new cases filed to courts by the population, also shows the wide gap 13 between Costa Rica and the rest: in 2006 more than 12 thousand per 100 thousand inhabitants were filed in the former, five to twelve times more than in the rest. Table 3: Central America: Budget of the Judiciary and Military Expenditures 2002, 2006 (in US dollars) Country Judiciary Budget Military Ratio Military New cases 2006 per capita expenditures to Judiciary (per 100 thousand) 2002 Costa Rica a/ El Salvador Guatemala Honduras Nicaragua Panamá 2006 27,0 17,3 4,3 4,8 5,4 11,4 2006 (% GDP) 29,9 23,7 6,9 8,0 9,2 12,9 ‐‐ 105 (0,6) 147 (0,3) 68 (0,7) 35 (0,7) ‐‐ ‐‐ 4,4 21,3 8,5 3,8 ‐‐ 536.377 (12.185) 162.378 (2.323) 339.114 (2.605) 73.481 (997) 98.796 (1.789) ‐‐ a/ Costa Rica: if budgets of the Prosecutor and the Technical Police are included, per capita budget should be: US$ 39,0 (2002), US$ 40,5 (2003), US$ 40,8 (2004), US$ 42,4 (2005) and US$ 44,6 (2006). Source: PEN, 2008, based on Solana, 2007. SIPRI, 2008 In Central America, legal operators are few and overloaded. In countries where more than half of the population is poor, there are only 2 or less public defendants per 100 thousand inhabitants. This indicates deep seated problems in access to justice and the underlying fact that poor people are also legally poor (O’Donnell, 1999). In most countries prosecutors outflank public defendants by margins of 3 to 1 or more, a procedural imbalance also biased against the poor. Table 4. Central America: number of judges, prosecutors and public defendantsa/ 2006 (per 100.000 inhabitants) Country Costa Rica El Salvador Guatemala Honduras Nicaragua Panamá Total 31,5 22,4 15,2 18,6 13,5 12,0 Judges Prosecutors 18,0 9,1 6,1 8,4 7,1 7,8 7,7 9,4 b/ 6,8 c/ 6,9 4,7 2,3 Public Prosecutors: Defendants Defendants 5,8 3,9 2,3 3,3 1,7 1,9 1,3 2,4 2,8 2,1 2,8 1,2 a/ Includes Chief Justices of the Supreme Courts. b/ In 2005. c/ In 2004. Source: Solana, 2007. Finally, please take notice that countries with the weakest judiciary are also those with the weakest and more politicized General Comptroller, a fundamental 14 institutional requirement for legal oversight and accountability over public resources. Again, one finds a perverse combination of meager budgets, weak legal competences –i.e. no exante controls and/or no say over public budgets‐‐ and politicization (Table 5). As a result, one encounters rampant corruption, mismanagement of public resources, and the use of the law as a political weapon against enemies –Nicaragua is a case in point. Table 5. Central America: Average Budgets, Type of Oversight and Partisanship of National Comptrollers Country Costa Rica El Salvador Guatemala Honduras Nicaragua Panama Average budget 19982005 Higher (+ US 106) Higher (+ US 106) Low (US$ 56 ‐ 106) Very low (− US$ 56) Very low (− US$ 56) Higher (+ US 106) Strength of Oversight Power to name Robust Congress Weak Congress Weak Congress Weak Congress Weak Congress Robust Executive Congress ratifies Partisanship Non partisan Non collegiate Partisan Non collegiate Non partisan Non collegiate Partisan Collegiate Partisan Collegiate Partisan Non collegiate Notes: Robust: Comptroller has a priori and a posteriori controls and oversight over public expenditures and approves public budgets Robust: Comptroller has a posteriori controls and no competences over approval of public budgets Source: PEN 2003, UNDP 2004. Effective Citizen Enfranchisement A third dimension for assessing the quality of democracy in Central America is the extent of citizen effective enfrachisement. Quasi‐universal citizenship for adults9 is nowadays a widely accepted liberal‐democratic standard: one person= one vote; one person = bearer of legal rights. However, this basic standard is not met in certain Central American polities. One admittedly formal and minimalist requirement for exerting citizenship is having a legal identity card. Without it a person can not legally ascertain who she is, enter a formal legal dealing, and of course, she can not vote if wanting to do so. In 9 Adults may be stripped of certain legal and political rights under highly regulated circunstances (i.e., insanity). Also, not all adults inhabitants have the right to vote only those with citizen status in the host country. 15 Nicaragua, and especially, Guatemala, substantial segments of adults do not have a legal identity card (Table 6). In the former, close to a quarter of the adult population does not carry a card and in the latter, around 10%. In addition, this elementary pitfall is eschewed against the poor. A measure of social exclusion was developed to classify adults those who do not experience any type of social exclusion and those suffering exclusions across different dimensions (See Annex 1). Social conditions do not matter in Honduras and Costa Rica –two countries with dissimilar levels of social and economic development‐‐ where all groups share similar and almost universal access to an identity card. However, in three Central American countries –El Salvador, Guatemala and Nicaragua‐‐ those suffering from dismal social conditions have less access to a legal identity card (Robles, 2008). For instance, in Nicaragua, access to a card by those experiencing three or more types of social exclusion is close to ten percentage points lower than those who do not experience exclusion (Table 6). Table 6. Central America: Percentage of political inclusion according to the intensity of social exclusion, 2006 % registered in each GUA ELS HON NIC CRI category of exclusion Political inclusion with zero social exclusions N (% of national sample) Political inclusion with one social exclusion N Political inclusion with two social exclusions N Political inclusion with three exclusions N Total (N) X 2 77.6 945 (63,7%) 72.4 96.5 93.7 1,105 987 (63,9%) (62,4%) 93.7 96.4 89.7 99.5 1,016 1,292 (57,9%) (86,2%) 86.5 98.0 232 68.7 270 93.0 223 93.6 207 87.8 99 100.0 201 72.1 242 83.0 282 93.3 337 80.6 96.9 104 75.2 1,482 8.93* 112 94.7 1,729 39.08* 89 94.1 1,581 2.61 201 87.9 1,761 13.46* 32 99.4 1,499 7.62 76 * Sig < .05 Notes: Political inclusion: No identity card or could not vote because of lack of access to polling station. See Annex 1 for an explanation of how exclusion was defined and measured. Count of dimensions of social exclusion a person experiences (assets, consumption, productive). Source: Robles, 2008, based on LAPOP‐University of Vanderbilt surveys for each country, 2006. Exclusion also affects effective citizen enfranchisement in other less blatant ways. Engagement in politics systematically decreases when a person experiences social exclusion. This trend holds for all Central American countries for which information was analyzed. Even if, on average, interest in politics varies from 16 country to country –is lower in Guatemala than in the rest‐‐, people suffering simultaneously from different types of exclusion show levels of disinterest in politics between 10 – 25 percentage points lower than those not affected (Table 7). Table 7. Central America: percentage of people with no interest in politics according to the intensity of social exclusion, 2006 % no interest in politics in GUA ELS HON NIC CRI each category of social exclusion Not interested with zero exclusions (N) Not interested with one exclusion (N) Not interested with two exclusions (N) Not interested with three exclusions (N) Total (N) X 2 44,8 31,6 35,3 34,6 38,2 715 52,8 1.028 37,2 896 40,6 787 37,2 1.242 47,2 352 71,9 296 43,1 281 40,6 312 45,2 127 47,3 235 69,3 260 52,1 278 45,7 398 45,4 93 54,1 163 53,8 1.465 70.49* 142 36,0 1.726 30.41* 129 38,0 1.584 7.73** 262 39,1 1.759 17.96* 37 39,9 1.499 9.64* * Sig (α=.05) **Sig (α=.10) Notes: Political inclusion: No identity card or could not vote because of lack of access to polling station. See Annex 1 for the methodology and measurement of exclusion Count of dimensions of social exclusion a person experiences (assets, consumption, productive). Source: Robles, 2008, based on LAPOP‐University of Vanderbilt surveys for each country, 2006. What are the prospects of change? The most flagrant ways of citizen disenfranchisement may very well be removed in the near future. However, a root cause of civic disengament –social exclusion‐ will prove far more resilient. Except for Costa Rica and Panama, annual social expenditures in Central America are close to US$100 per capita, seven times less than the Latin American average (Fuentes, 2007; ECLAC, 2008). In addition, in some countries social expenditures are regressive, as measured by expenditures per capita by quintile of income: the most affluent are the largest recipients of public funds. (PEN, 2008). In general terms, countries where the quality of electoral and state democracy is lower are those with dismal levels of social expenditures. Civic engagement in politics In spite of dismal levels of quality of democracy along various dimensions, in Central America citizens are not walking away from democracy. These are good news considering the circumstances. In terms of organized participation – community level, local governance, electoral politics‐ citizenries in the region are 17 not that different from the rest of Latin America. Acoording to LAPOP 2004 & 2006 survey data, between one fifth (in Honduras) and one third (in Nicaragua and Guatemala) of adults are mostly disconnected from organizaed social and political life –they “do nothing” or only vote every four or five years. The hard core of highly participatory citizens is close to 10% of the population, with some cross‐country variations. UNDP’s 2004 Democracy Report based on Latinobarometro data reports similar results (UNDP, 2004; Vargas‐Cullell & Rosero Bixby, 2007). It is worth noting that electoral participation is rather healthy. Except in CRI, one does not find a regional trend to lower levels of participation. Turnout in the Central American countries has been above Latin American average when one pools all elections (Artiga, 2007). However, it most be noted that everywhere political parties are in deep troubles. The worst case is Guatemala, where we see polarized, non structured multipartism, a recipe for weak governance. In Nicaragua one finds a polarized, non‐structured bipartism and in El Salvador, although the party system is more institutionalized, it is also polarized. In both cases the potential for confrontation and gridlock is high. Finally, Costa Rica and Panama experience party systems in transition, and therefore face quite difficult and uncertain times (Artiga, 2008). One critical aspect of the quality of democracy is citizen support for democracy. If a majority of citizens reject democracy and, in addition, they are highly participatory and organized under certain party levels, then –in Linzean terms‐ democratic stability would be at risk (UNDP, 2004; Vargas‐Cullell & Rosero‐ Bixby, 2005). In our terms, the quality of civic engament would be low. However, this is not the case in Central America. Only a very small fraction of the citizenry are bouching for regime replacement: 3% support a non‐elected leader with extraordinary powers. Compare this with the 28% that want an elected leader constrained by democratic checks. When the data is broken down by country, one finds that only in Guatemala those against democracy are a sizable group (around 25% of the population), comparable to the democrats (PEN 2007). A more problematic finding is that many people support an elected leader with extraordinary powers to cope with the country’s problems (See footnote 4). This type of President is a thinly disguised caudillo that once in power can easily encroach upon the institutions of democracy. Some 60 percent of the population in the pooled 2006 LAPOP sample approves of at least one of the measures that a caudillo may take against the judiciary, congress or opposition parties. Unfortunately, disfunctional democracies can impose a perverse choice between effectiveness and liberty. In short, support for what O’Donnell terms as delegativism is widespread in the region. The good news are that the minority who support regime replacement and the majority who demands delegativism have not coalesced into a social and/or 18 political group (no significant correlates were found). Also, they do not seem to be particularly engaged in politics, or at least more engaged than the average citizen. Table 8. Central America: Citizen Support for a President with Special Powers and for a Non Elected Political Leader, 200610 Support for Support for Pooled sample President with special powers Non elected leader High Low None % of all interviewed 3,3 6,9 3,2 13,4 Electoral democracy 15,3 43,8 27,6 86,6 % 18,6 50,7 30,8 100,0 Total 2544 6.937 4.215 Pooled sample 1.835 11.861 13.696 Note: High Support for a President with special powers: support for a strong leader in 3 or more of the five items in the POP1‐5 questions. Low Support: support for a strong leader in one or two of the five items in the POP1‐5 questions. No support: rejection of a strong leader in all five items of the POP1‐5 questions. Source: Vargas, 2007, based on LAPOP ‐ University of Vanderbilt 2006 LAPOP surveys Summary overview The quality of democracy in Central America varies not only between countries but also, in a given polity, between the four dimensions of democracy. In 10 Questionnaire items for measuring support for a President with extraordinary powers: “Ahora, yo le voy a leer varias frases. Teniendo en cuenta la situación actual del país, quisiera que me diga con cuál de las siguientes frases está más de acuerdo? POP1. [Leer alternativas] 1. Para el progreso del país, es necesario que nuestros presidentes limiten la voz y el voto de los partidos de la oposición, [o al contrario], 2. Aunque atrase el progreso del país, nuestros presidentes no deben limitar la voz y el voto de los partidos de la oposición. POP2. [Leer alternativas] 1. La Asamblea Legislativa impide mucho la labor de nuestros presidentes, y debería ser ignorado, [o al contrario], 2. Aun cuando estorbe la labor del presidente, nuestros presidentes no debieran pasar por encima de la Asamblea Legislativa. POP3. [Leer alternativas]1. Los jueces con frecuencia estorban la labor de nuestros presidentes, y deberían ser ignorados, [o al contrario], 2. Aun cuando a veces los jueces estorban la labor de nuestros presidentes, las decisiones de los jueces siempre tienen que ser obedecidas. 8. NS/NR POP4. [Leer alternativas] 1. Nuestros presidentes deben tener el poder necesario para que puedan actuar a favor del interés nacional, [o al contrario], 2. Se debe limitar el poder de nuestros presidentes para que nuestras libertades no corran peligro. POP5. [Leer alternativas] 1. Nuestros presidentes deben hacer lo que el pueblo quiere aunque las leyes se lo impidan, [o al contrario], 2. Nuestros presidentes deben obedecer las leyes aunque al pueblo no le guste.” Questionnaire item for measuring support for a non elected leader: “AUT1. Hay gente que dice que necesitamos un líder fuerte que no tenga que ser elegido a través del voto. Otros dicen que aunque las cosas no funcionen, la democracia electoral, o sea el voto popular, es siempre lo mejor. ¿Qué piensa Ud? [Leer] (1) Necesitamos un líder fuerte que no tenga que ser elegido (2) La democracia electoral es lo mejor” 19 general terms, the quality of democracy of electoral systems and of civic engagement is higher than the quality of effective enfranchisement and, particularly, of the democratic Rule of Law and Accountability. The latter is democratization’s weakest spot in the region. Costa Rica, the oldest and stablest Latin American democracy, has particular strengths along the four dimensions. Although its political system shows signs of gridlock and lack of effectiveness (Lehoucq, 2006), from a comparative perspective it clearly outperforms the rest. However, an in‐depth analysis of this democracy by the 2001 Citizen Audit showed the existence of areas of very low quality of the democratic life11 (PEN, 2001). In contrast, in Guatemala and Nicaragua the quality of democracy is the lowest of all along the four dimensions considered. Therein, electoral and state democracy is weak and flawed; unversal citizen enfranchisement is pending, even though there are no organized demands for regime replacement. These are extremely fragile semidemocracies, and, at least in the case of Nicaragua, a case of rapid democratic deterioration. Next in line is Honduras: in terms of free and fair elections, its electoral system performs reasonably well –although upon shaky institutional foundations‐‐, but the quality of democracy of the Rule of Law is dismal, and effective citizen enfranchisement is mired by widespread social exclusion. El Salvador and Panama are mixed cases. In spite of problematic weaknesses, their electoral systems have evolved positively. Even if the institutions of the Rule of Law and accountability tend to be weak, the problems are not as severe as in Guatemala and Nicaragua. And, effective enfranchisement has progressed markedly. A New, Unconventional Challenge to Democracy So far, I have been assessing the quality of democracy in Central America on its own merits. I have tried to answer the question of how far has democratization in this region been able to establish polities that meet the requirements of democracy. In the final section, though, I want to briefly comment on an unforeseen and highly unconventional challenge to democratic Rule of Law and Civic Engagement that stems from “outside” the political system. In some countries it has come to threaten the ability of the state to control its territory and impose public order. Central America is immersed in the geopolitics of drug trafficking. The region is located between the main producer area (South America) and the main consumer market (the US). Other illegal actors, not necessarily linked to drugs, plague the region as well such as arm dealers and illegal traffickers of persons. In the past two 11 For example, trade unions face stiff barriers to freely organize workers in the private sector, a clear and systematic violation to constitutional rights. In poorer counties, the quality of local democracy tends to be affected by widespread clientelism and weaker accountability (PEN, 2001). 20 decades, the emergence of gangs (the so‐called “maras”) in Central America’s Northern Triangle main urban centers has triggered exponential extorsive and criminal activity. Illegal actors have penetrated deeply the economies and polities of the region. Although they have not coalesced into an organic force and none of them seem interested in grabbing political power, they do pose a strategic challenge to democratic stability because they have become powerful de facto players. In the past few years, the intensified activity of these actors in the region has been triggered in part by extra‐regional events. The ongoing military onslaught between the Mexican government and the drug cartels has favored the transfer of certain illegal activities to Central American territory. US policy of systematically expelling criminals of Central American background back to the region has been instrumental to the establishment of widespread networks of “mara” organizations. Colombia’s protracted civil war cum narcoactivity has triggered arm traffic, money laundering, drug consumption and traffic. It is in Central American “northern” triangle (Guatemala, El Salvador, and Honduras) where the security situation most threatens democratic stability. In these countries one finds a convergence of high social violence and crime –crime levels are among the world’s highest for societies not experiencing civil wars‐‐, high and widespread citizen perception of insecurity, weak and/or incipient institutions of the Rule of Law, and strong arm policies that violate due process in the name of decisive action, or La Mano Dura (PEN, 2008). Unfortunatey, then, the political challenge of illegal actors is higher in countries where the quality of democracy tends to be low. Therein the risks of state failure do exist, particularly in Guatemala12. However, no Central American country escapes from mounting public order problems caused by the activity of dangerous illegal actors. Table 10. Central America: Current situation and mediumterm scenarios for public insecurity and the rule of law Current Situation MediumTerm Countries Outcome 1. High social violence and crime 2. Intense public insecurity 3. Weak or incipient rule of law 4. Use of “strong arm” policies 1. Low social violence and crime (but rising) 2. Not so intense public insecurity Very high probability of severe threats to democratic order GUA HON ELS∗ High probability of severe NIC threats to democratic order PAN∗ 12 Nicaragua is an interesting case to study: it shares with Guatemala and Honduras many social, economic and institutional characteristics such as low economic development, widespread poverty and exclusion, and weak institutions. However, so far its has been able to escape relatively unscathed from high levels of crime and social violence. 21 3. Weak or incipient rule of law 4. Little or no use of “strong arm” policies 1. Low social violence and crime (but rising) 2. Intense public insecurity 3. Robust rule of law 4. No use of “strong arm” policies Low probability (but not CRI negligible) of severe threats to democratic order ∗ Cases showing at least one significant difference vis‐à‐vis other countries in the same category Closing Remarks This paper has tried to perform a delicate theoretical balancing act. On the one hand, I have woven the concept of the quality of democracy to the comparative theory of democracy and democratization. By so doing, I have disentangled the quality of democracy from the normative considerations of the “good” democracy. At the same time, this theoretical move has led me to reconsider the concept of democracy, freeing it from the cage of a narrow and procedural understanding of it as a regime. In broadening the concept, I have been cautious, though: the standards of the quality of democracy are not a laundry list of all I wish I could see in a democracy, but correspond quite tightly to “objective” standards derived from the concept of democracy I first posited. On the empirical side, I have tried to show that this theoretical framework enables interesting insights when applied to the empirial study of democratization. In this sense, I have shown that Central American political systems have been unexpectedly resilient to deal with multiple and simultaneos transitions. However, I have been forced to admit that the democratization drive has weakened. In Guatemala and Nicaragua the low quality of their democracies along all dimensions has produced fragile semidemocracies. In Honduras, a flegdling though better performing electoral democracy coexists with a thinly‐democratized state. Here, the future is a open question. El Salvador seems to be on a stronger footing given stronger efforts to develop a democratic state. In comparative perspective, the quality of democracy in Costa Rica is consistently higher than elsewhere in the region. Central America polities face complex threats. 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Methodology for measuring social exclusions Methodology for the analysis of social, economic and political exclusion in Central America based on LAPOPUniversity of Vanderbilt 2006 Survey Type of exclusion Consumption (Consumption of household) Criteria Proxy: persons with half or less (< 50%) the country median in the Social Welfare index Assets (Resources that can be mobilized in the event of an emergency) Production (No or severed links with labor market) Social Welfare index without toilet and potable water items Political (No participation due to external barriers) Social (No involvement in social networks) Persons without any job and no working job for at least 5 weeks in the past 12 months. Persons in non paid job. Autoemployed with less than 3 years of schooling. Persons not registered as voter 1/ Persons who could not vote in last election because lack of access to polling station (transport, disability) No involvement in any comunity, labor, environmental, professional, sectoral or religious organization. Observation Social Welfare Index: list of assets in household plus inhouse toilet and potable water Items weighted by the reciprocal of relative importance in the pooled sample (to allow comparable country measures of exclusion) Additional criteria: persons with less 7 or less schooling years (threshold above which exclusion decreases). Salaried and employers not included. Housewives, students and pensioneers not included. Additional check: person declares she has never been active in politics Only adds to exclusion if the person already experienced at least one type of exclusion (assets, consumption, etc) Notes: 1/ Only Guatemala has an electoral registration requirement. 25
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