NotiSur - 11/30/01 - Argentina, Colombia Via NY Transfer News * All the News That Doesn't Fit [Reminder: This is a private reading copy for your personal use only. It may not be redistributed under the terms of our subscription with LADB. Thanks -- NY Transfer] ------------------------------------------------------------ L A T I N A M E R I C A D A T A B A S E NotiSur - South American Political & Economic Affairs ISSN 1060-4189 Volume 11, Number 43 November 30, 2001 ------------------------------------------------------------ Copyright 2001, Latin America Data Base (LADB), Latin American Institute, University of New Mexico Director: Rebecca Reynolds Bannister Editor: Patricia Hynds Staff writers: Carlos Navarro, Robert Sandels LADB ARCHIVES: Back issues are referenced to provide historical background relevant to the articles in this newsletter. These can be accessed with a subscription to the LADB searchable on-line archives at http://ladb.unm.edu/ by clicking on Search Archive. For subscription information, e-mail info@ladb.unm.edu or call 1-800-472-0888. In This Issue: ARGENTINA: FORMER PRESIDENT CARLOS MENEM RELEASED FROM HOUSE ARREST, VOWS TO RUN FOR PRESIDENT AGAIN * Decision widely criticized * Decision could cement public cynicism * Menem dreams of another shot at presidency * Menem resumes party leadership COLOMBIA: PEACE PROCESS GETS ANOTHER REPRIEVE * FARC calls for national meeting * ELN and government meet in Havana ____________________________________________________________ ********************* ARGENTINA ********************* ARGENTINA: FORMER PRESIDENT CARLOS MENEM RELEASED FROM HOUSE ARREST, VOWS TO RUN FOR PRESIDENT AGAIN A Corte Suprema de Justicia (CSJ) ruling on Nov. 20 freed former Argentine President Carlos Saul Menem (1989-1999), under house arrest since June 7. Menem lost no time in reaffirming his intention to run for president again in 2003, but he will have to overcome stiff opposition within the Partido Justicialista-peronista (PJ) to win the party nomination and will also have to overcome adverse public opinion to have a chance of success on election day. In June, federal Judge Jorge Urso ordered Menem held under house arrest on charges that he headed an "illicit association" that, among other things, was involved in illegal arms sales to Croatia and Ecuador in the 1990s (see NotiSur, 2001-06-15, 2001-07-13). Emir Yoma, Menem's former brother- in-law, was also jailed on April 7 on charges of organizing the illicit association. Although an Appeals Court upheld Urso's charges, on Oct. 30, lawyers appealed to the CSJ. The high court found that prosecutors failed to prove the existence of an illicit association involved in the illegal arms deals. That ruling allowed Yoma to go free, and later the same day, the Buenos Aires Federal Court ordered Menem's release. With six votes in favor, two against, and one abstention, the justices rejected the charge of illicit association, saying the lower courts used it "to satisfy public opinion by presenting themselves as champions of the anti-corruption fight." The ruling also strongly criticized public prosecutors and journalists for their actions in the case. Decision widely criticized The investigation of Menem and his associates for arms trafficking and illicit enrichment will continue, but the CSJ ruling could make a conviction more difficult. Many now wonder whether prosecutors will even want to pursue the charges still pending against the former president. The CSJ was accused of political partisanship and of upholding impunity for government functionaries who commit crimes. Critics pointed out the court's pro-Menem makeup. In 1990, Menem increased the number of judges on the CSJ from seven to nine to ensure a court sympathetic to his interests. Five of the six judges who voted in favor of the decision were part of the "automatic majority," which backed most executive decisions during Menem's presidency. Two judges have strong personal and professional ties to Menem. Judge Julio Nazareno shared a law office in La Rioja with Carlos and Eduardo Menem in the 1970s, and Judge Adolfo Vazquez has acknowledged his close friendship with the former president. Deputy Elisa Carrio had petitioned the Justice Ministry to recuse Nazareno and Vazquez because of their known personal links to Menem. The judges had refused to recuse themselves and Justice Minister Jorge de la Rua, brother of President Fernando de la Rua, said that "the legal requirements for granting such a request had not been satisfied." Oscar Salvi, one of Menem's lawyers, said last week that Judge Urso and public prosecutor Carlos Stornelli "would have to pay" for putting his client in prison. Salvi also said he would take legal action against Carrio. Carrio, head of the opposition Alternativa para una Republica de Iguales (ARI), said her party would ask Congress to impeach the CSJ judges as well as the justice minister. ARI deputies said they were not surprised by the CSJ decision "because this court has always been loyal to the regime." Lawyer Ricardo Monner Sans, whose denunciations led to the investigation into the illegal arms sales in 1995, criticized the justices for comparing the "excesses" of the federal judge whose decisions they annulled with practices used during the military dictatorship. "It is an act of unpardonable institutional crudeness," said the lawyer. "Remember, the decision is signed by the president of the court, Julio Nazareno, who was chief of police in La Rioja during the time of military horror." Some critics also said the executive had pressured for Menem's released. De la Rua and others in the administration said recently they thought it was a mistake to keep a former president under house arrest on charges of illicit association. But de la Rua denied he had anything to do with the court's decision. "When Menem was detained, some said the government was involved, and now they are saying the contrary," said de la Rua. "They have to get used to what is an absolute respect for the independence of the judiciary that this administration has maintained since it took office." Decision could cement public cynicism Analysts said the court ruling could increase public cynicism. Many Argentines continue to believe that high- ranking officials enjoy impunity and that the judiciary is tied to political interests. They doubt the official statements about Menem's release and believe that a tacit agreement was made between the de la Rua administration and Menem. "Argentine society's tiny ray of hope for an independent judiciary faded with this decision by the high court, which has always operated based on the interests in power," said Monner Sans. Polls show that many Argentines blame the national crisis, which has culminated in fears that the government would default on its massive debt, on de la Rua's perceived inability to make tough decisions. But in many of the same polls, one of the few political figures with a worse approval rating than de la Rua is Menem, whose presidency was marred by persistent accusations of corruption and by the recession, now in its fourth year, that began in the last two years of his second term. Given his low public standing, Menem will need time to rebuild his power base. "Menem's tactic will be to help de la Rua complete his mandate to 2003, because Menem needs time to recover given that he has a 73% negative image among the public," said pollster Ricardo Rouvier. Menem dreams of another shot at presidency Menem's release had an immediate effect on Argentine politics. The day after his release, Menem confirmed his intention to run for the presidency again in 2003. "Despite all the lies, the ongoing attacks by some media, I will again be president of Argentina," said Menem to supporters in his home state of La Rioja. "I have come home to launch my candidacy for the presidency in 2003." But PJ Gov. Carlos Ruckauf of Buenos Aires province has let it be known that he will challenge Menem for the party's nomination. "The decision to be a pre-candidate is made," said Ruckauf, who had announced his intention to run before Menem was released. "We are not going to leave the field wide open for Menem." The political storm within the PJ that was unleashed by Menem's release could provide some respite for de la Rua as he struggles with the nation's economic problems. "I actually think it will be a considerable relief for the government," said political analyst James Neilson. "The main reason de la Rua's government is surviving is because the opposition can't unite, and with Menem on the loose again the Peronists are going to be even more divided." The PJ controls the majority of provinces and the Senate, and in recent legislative elections it emerged as the main bloc in the lower house. A power struggle is now going on in the Senate, where the PJ decided to name one of its members, Ramon Puerta, to head the Senate, a seat traditionally awarded to a member of the party in power. With no vice president, the Senate leader assumes many functions of the vice president and is next in line to succeed the president. The parties within the governing Alianza coalition are fighting the move by the PJ, but may not be able to block it. Menem resumes party leadership Menem's release has also revived the rivalry between Menem and Eduardo Duhalde, recently elected to the Senate from Buenos Aires province. Duhalde, at one time Menem's vice president and later Buenos Aires governor, blames Menem for his defeat in the 1999 presidential election. Duhalde said he would challenge Menem for leadership of the party in a party election scheduled for next year. "Menem became an ally of the powerful, and that is not what justicialismo is all about," Duhalde said. When he was put under house arrest, Menem's leadership of the party passed to party vice president Ruben Marin. Upon his release, Menem called a meeting of the party leadership (Consejo Nacional) for Nov. 27, in the hope of beginning to rebuild his political stature within the party. Menem "has the firm determination to assume the party leadership," said PJ legal representative Cesar Arias. Many party leaders balked at Menem's ambitions. The daily Clarin reported that Govs. Ruckauf, Jose Manuel de la Sota of Cordoba, and Carlos Reutemann of Santa Fe agreed not to attend the meeting called by Menem. Despite the absence of most of the party heavyweights, Menem led the meeting and resumed the presidency of the Consejo Nacional. But the struggle with Duhalde for party leadership is not over. Duhalde organized a party congress on Nov. 10 in which he set up a method for collegial governance by the PJ governors. Party leaders loyal to Menem considered that congress "inopportune" and have filed a motion in court charging "irregularities" in the meeting. Meanwhile, Menem is holding firm to the reins. [Sources: Spanish news service EFE, 11/20/01, 11/21/01; Inter Press Service, The New York Times, 11/21/01; Notimex, 11/13/01, 11/20/01, 11/22/01; Reuters, 11/21/01, 11/22/01; Associated Press, 11/25/01; La Opinion (Los Angeles), 11/21/01, 11/22/01, 11/26/01; Clarin (Argentina), 11/20/01, 11/21/01, 11/23/01, 11/25/01, 11/27/01, 11/28/01; Pagina 12 (Argentina), 11/28/01] ********************* COLOMBIA ********************* COLOMBIA: PEACE PROCESS GETS ANOTHER REPRIEVE Peace talks with both the Fuerzas Armadas Revolucionarias de Colombia (FARC) and the Ejercito de Liberacion Nacional (ELN) were considered all but over, and with them Colombian President Andres Pastrana's chance to keep his promise to make fundamental progress toward peace before his four-year term expires Aug. 7, 2002. Now talks with both groups could resume, again raising hopes in Colombia that the decades-long violence might end. In describing the faltering peace process, analysts had been using phases like "mortally wounded." Interior Minister Armando Estrada said on Nov. 11 that negotiations were "hanging by a thread and could break completely at any moment." But, after intense international efforts to salvage the process, government peace commissioner Camilo Gomez said on Nov. 24 that a "highly favorable climate exists that soon the obstacles that have kept the peace process with the Fuerzas Armadas Revolucionarias de Colombia (FARC) at a standstill since October will be overcome." Gomez made his remarks as he left for Havana where the government signed a new agreement with the Ejercito de Liberacion Nacional (ELN). FARC calls for national meeting On Feb. 9, the FARC and the government signed the Los Pozos Accord, which created a committee of prominent citizens (Comision de Notables) to find ways to reduce the conflict and control the ultraright paramilitary groups. The demilitarized zone in southern Colombia was extended until Oct. 9. On Oct. 5, government and rebel representatives signed a new agreement in San Francisco de la Somba, which made negotiating a cease-fire a priority. Pastrana extended the demilitarized zone until Jan. 20, 2002, while ordering controls on the perimeter of the zone to be beefed up (see NotiSur, 2001-10-19). Two weeks later, the FARC pulled out of the talks because of the increase in military check points on the outskirts of the zone. The government accused the FARC of looking for an excuse to avoid discussing the six-month bilateral cease-fire proposed by the Comision de Notables. In early November, the FARC's top leader Manuel "Tirofijo" Marulanda sent a letter to the government saying the group would only return to the negotiating table if the government met a series of demands--including a statement that the rebels are not "terrorists." Marulanda said such a statement was necessary to "avoid giving the US a pretext for intervening in the internal affairs of Colombia." The FARC, the ELN, and the paramilitary Autodefensas Unidas de Colombia (AUC) are all on the list of international terrorist groups issued by Washington in September (see NotiSur, 2001-09-14). Marulanda said if the government did not respond to the demands by Nov. 21, the FARC would turn over the demilitarized zone and end any effort to continue the peace process. Other conditions included lifting restrictions on access to the demilitarized zone, removing the military cordon around the zone, and creating a commission to investigate paramilitary activities within the zone. "This gives the impression that the FARC does not want to continue the process, which has not made any progress in months, and that, to get out of it, the FARC is setting up conditions that are unacceptable for the government." said Helena Rodriguez, political analyst at the Universidad de la Sabana. On Nov. 14, the group of friendly countries (paises amigos) promoting the peace process intensified efforts to avoid a complete breakdown in talks. Efforts were led by Spain's Ambassador in Colombia Yago Pico de Coana, coordinator of the group, which includes Canada, Cuba, France, Italy, Mexico, Norway, Spain, Sweden, Switzerland, and Venezuela. As the Nov. 21 deadline approached, UN special envoy Jan Egeland requested a meeting with the FARC to urge continuing the talks. The FARC initially turned down the request, saying the government banned foreigners from entering the zone. However, the FARC finally backed down and agreed to meet Egeland and representatives of the paises amigos on Nov. 24. Luis Valencia, a political researcher at the Universidad Nacional, said the FARC was testing its strength against Pastrana, who is facing the end of his term without concrete results in the peace efforts he launched in January 1999. Valencia said the talks had reached a dead end, with each side blaming the other and neither assuming responsibility for the problems. But he said the FARC's willingness to meet international representatives renewed optimism that the peace process might be salvaged. "It is still possible to continue, but it will not be easy," said Egeland after meeting with the FARC. He said the government and the rebels need to reach an agreement before Jan. 20, when the latest authorization of the demilitarized zone expires. "It was a long meeting, during which we were able to discuss all the issues related to the search for peace and human rights," said Egeland, who traveled to the rebel zone with James LeMoyne, who will replace him in January. "But time is running out, in a month it will be Christmas." Peace commissioner Gomez met with FARC leaders on Nov. 27 in San Vicente de Caguan in the demilitarized zone to assess conditions for a formal resumption of talks. Gomez said they were close to unblocking the process, and that the government wants to discuss issues such as kidnapping and extortion, attacks against civilians, and attacks on the economic infrastructure. Meanwhile, Marulanda has proposed a "national gathering" on Jan. 15 with Pastrana as well as political, business, labor, church, and community leaders to discuss a wide range of issues, including exactly what is negotiable with the state. He also raised the issue of political participation. "Why is it only the insurgency that must make peace overtures, and not the state?" said Marulanda in his letter. "You must understand that we took up arms because of the lack of guarantees and because all doors for legal political activity for electing and being elected were closed to us." "Marulanda is proposing an alternative, and what he is basically calling for is opening political spaces," said Gomez. "I believe Colombians are willing to open those spaces and to carry out the reforms necessary to advance the peace process." On Nov. 27, Pastrana said a meeting with Marulanda was possible in an effort to salvage the peace process. ELN and government meet in Havana In early November in Caracas, a spokesperson for the ELN told three members of the lower house of Congress--Luis Fernando Velasco, Benjamin Higuita, and Antonio Navarro Wolff- -that it wanted to resume talks with the government "immediately and without conditions." On Nov. 13, Pastrana responded. "With the ELN, an important door has opened, and I hope we can advance quickly in a process of negotiation," he said. "If there is political will, it can be done." Last April, the ELN pulled out of the "talks about talks" it had been holding with the government during the past three years. The rebels had demanded government action against the right-wing paramilitary squads, which have attempted to block the peace process with the guerrillas. It also wanted a demilitarized area similar to that given the FARC. Last Aug. 7, Pastrana broke off conversations with the ELN, accusing it of intransigence, and two days later he rescinded the political status he had given the group a year earlier (see NotiSur, 2001-08-17). The ELN met with government representatives in Havana Nov. 19-20 and again the following week, and on Nov. 24 they agreed to resume formal talks. The first round of talks covering key issues including a possible cease-fire will begin Dec. 12 in Havana, the government and ELN said in a joint communique, the Acuerdo por Colombia, issued in Havana. Colombia's Ambassador to Cuba Julio Londono said the agreement would allow the two sides to negotiate "under terms that facilitate analysis, discussion, and debate on the issues, with tranquillity, agility, and without stipulations." One of the agreement's seven points calls for the two sides to try to persuade candidates in next year's election to commit to continuing the peace process after Pastrana's term ends. The peace process is an important issue in the campaign, in which Pastrana is constitutionally barred from running for a second term. The three main candidates have all taken tougher positions toward the rebels. "We have agreed with the government to establish a period that we have called transition, given that President Pastrana is in his final period [in office]," said ELN representative Ramiro Vargas in the office of Gomez. "We have made a lot of progress," said Gomez. "The ELN has said that there are no conditions, and we've taken that positively," adding that he hoped the meetings would lead to good news for the country. This new respite came as Pastrana was in the US asking for "unlimited" aid to fight terrorism in Colombia. "The ELN is worried, as is the rest of the world, about the Sept. 11 events, because the global agenda is being handled differently now," a political observer who requested anonymity told the Inter Press Service. "We all have to see how we fit into this new order." [Source: La Opinion (Los Angeles), 11/17/01; El Nuevo Herald (Miami), 11/20/01; Reuters, 11/09/01, 11/16/01, 11/24/01; CNN, 11/24/01; Spanish news service EFE, 11/13/01, 11/16/01, 11/22/01, 11/23/01, 11/26/01; Inter Press Service, 11/15/01, 11/21/01, 11/26/01; Associated Press, 11/19/01, 11/24/01, 11/26/01; Notimex, 11/08/01, 11/09/01, 11/12/01, 11/14/01, 11/17/01, 11/18/01, 11/20/01, 11/21/01, 11/25/01, 11/27/01, 11/28/01; Agence France-Presse, 11/28/01; El Tiempo (Colombia), 11/29/01] ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= pvtsa-11.30.01-04:52:49-31073