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  • Sir Ronald Sanders | Threats to Democracy in the Americas: The Erosion of Judicial Independence

Sir Ronald Sanders | Threats to Democracy in the Americas: The Erosion of Judicial Independence

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From Canada in the North to Argentina in the South, including the nations in the Caribbean, the nature of threats to democracy is undergoing a significant transformation.

While traditional overthrow of governments has receded, other more sinister threats have arisen. In Latin America and even now in the United States of America (US), elected opposition parties are manipulating parliamentary procedures to throttle policies and programmes of elected governments, or they are mobilising their hard-core supporters to engage in unlawful activity to prevent elected representatives from assuming office.

The Co-opting of the Judiciary

Among these threats, is also the co-opting of the judiciary by governing bodies for partisan objectives. In several instances, there is visible collaboration between government and judicial officers, leading to the sacrifice of judicial independence for political gain.

This alliance not only jeopardizes the constitutional order but also erodes the bedrock principles upon which democracy itself is built.

Guatemala: A Case Study

The present situation in Guatemala serves as a disturbing example. According to the Inter-American Commission on Human Rights (IACHR), actions initiated by the Public Prosecutor’s Office seriously jeopardize the constitutional order and the independence of the government’s branches. The Public Prosecutor, with assistance from judges in the lower courts, is making a concerted attempt to suspend the registration of the Semilla Movement. This political group, led by Bernardo Arévalo de León, has successfully secured the presidency with León scheduled to assume office on January 14, 2024.

In response to these actions, large public protests have erupted in Guatemala’s streets. This widespread unrest sets the stage for potential conflict and highlights the nation’s palpable tension.

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This public outcry could escalate further if the Special Prosecutor is successful in his attempt to overturn the will of the majority of the Guatemalan electorate, who have chosen Arévalo and his Semilla Movement to represent them.

Amidst this turmoil, the judiciary in Guatemala has notably remained distant from the issue. An exception to this detachment is the Constitutional Court and the Supreme Electoral Tribunal. These bodies played crucial roles in ensuring Arévalo’s participation in the presidential election’s second round held on August 20, where he garnered more than 64 percent of the vote.

Judicial Collapse in Haiti

In the Caribbean, Haiti stands out as the country where the judiciary has been systematically weakened by successive governments, leading to a dearth of judicial autonomy and a failure to deliver justice to the Haitian people. In this environment, unconstitutional governmental actions go unchallenged, further eroding the democratic framework.

The Essential Role of an Independent Judiciary

Yet, throughout the Americas, including in the Caribbean, “the role of an independent judiciary in protecting people’s right to vote in free and fair elections is essential” as declared in a recent publication by Tamara Taraciuk Broner and Rebecca Chavez of the Inter-American Dialogue.

Thus far, in the Caribbean, apart from Haiti, the judiciary has acted in accordance with their constitutional duties and the law in relation to democracy and elections, and governments have not sought to erode judicial independence and authority. For example, the high standards to which the high court and Court of Appeal in Guyana adhered in that country’s 8-month elections impasse, contributed greatly to the peaceful acceptance of the results of the general and presidential elections in 2020.

Similarly, there are nations within the Americas where the judiciary has steadfastly upheld its constitutional duties, acting as a bulwark against attempts to subvert democracy. Countries like Brazil, Mexico, and Ecuador and the countries of CARICOM (Haiti excepted) offer examples of judicial robustness, with their courts playing pivotal roles in ensuring free and fair elections despite political pressures and challenges. In these cases, the judiciary serves as the ultimate safeguard of people’s rights and freedoms, acting independently of transient political powers or majority pressures.

Persistent Challenges to Judicial Independence

However, when the judiciary succumbs to political pressure, failing to uphold the constitution and the law, democracy is endangered.

Broner and Chavez regard El Salvador as a place where an extreme case of political interference with the judiciary has taken place. They state that the “Nayib Bukele administration arbitrarily dismissed independent Supreme Court justices and the attorney general in 2021 and packed the court with allies”, thus allowing Bukele to run again in February 2024 despite a constitutional prohibition on re-election.

Other blatant cases of the erosion of judicial independence and impartiality exist in Nicaragua and Venezuela according to the UN Commission for Human Rights.

Conclusion: A Call to Preserve Judicial Independence

As democracy delicately balances on the principles of majority rule and the protection of individual and minority rights, an unyielding, independent judiciary stands as its steadfast guardian. It is incumbent upon judicial members, and society at large, to relentlessly uphold and defend the rule of law against encroachment.

The unsettling developments unfolding in the Americas are not merely isolated incidents but are alarm bells, ringing loudly to warn of democracy under siege.

It is an alarm that must not be ignored, for the preservation of judicial independence is not just a legal imperative but a covenant of peace, freedom, and democracy that we hold with each other now and for generations to come.

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]