CIPR | Center For Inter-American Policy & Research

Tulane University

Rules That Bind Us

By Ludovico Feoli

The standoff presently underway in Venezuela regarding the treatment of constitutional precepts in light of President Chavez’ illness poses a larger question for regional democracy and the rule of law: how much do rules bind us? The credibility of our laws hinges on the certainty that they will take precedent over individual whims and that, failing this they will be enforced by third parties. However, events underway suggest that the authorities entrusted with this responsibility may lack the necessary autonomy to carry it through, making the separation and balance of powers questionable. And Venezuela is not the only example. Honduras, El Salvador, and even Costa Rica have had recent constitutional crises that raised similar questions, although their resolutions varied.

Hugo Chávez, democratically elected by a significant majority of Venezuelans, was set to take power on January 10, 2013 but he lies ill in Havana and is unable to appear at his inauguration. While the Constitution establishes that in such circumstances the head of Congress should take over temporarily and, if the absence is permanent, call new elections, the Venezuelan Supreme Court of Justice interpreted that Chavez’ reelection established the “administrative continuity” of the Executive, rendering a new inauguration “unnecessary”. Hence, the Court effectively reinterpreted the election as a renewal of the previous administration, rather than the start of a new constitutional period. This brushes aside the question of whether the president’s absence is temporary or permanent. It also obviates due process, which first calls for the investiture of the president and then for the appointment of the cabinet. Rules do not seem to bind.

Last December, the Honduran Congress fired four of the five magistrates on its Constitutional Court. The proximate cause was a vote by the magistrates, which a congressional investigative commission decided was extemporaneous. However, critics argue that the magistrates were purged for their decisions, which being contrary to the interests of the executive angered the President and generated a reprisal. The removal, en masse, of Supreme Court justices because of the content of their decisions is a gross violation of the principle of separation of powers. Without respect, on the part of the Executive, for the principle of judicial autonomy, there is little hope for the rule of law. Rules do not seem to bind.

El Salvador suffered its own constitutional crisis last summer. Similarly to the Honduran case, Constitutional Court decisions angered political actors due to their effects on their interests. In the case of the Executive, a Court decision limited the use of unsupervised discretionary funds. In the case of political parties, another decision allowed candidates to run independently, weakening the authority of party structures. Political jockeying to control the balance of power in the Court led to a spate of nominations late in the congressional period that ended in April 2012. The Constitutional Court ruled these appointments unconstitutional on the basis that the law only allows each Congress the approval of a single set of justices per term. Rather than accepting the ruling, the majority coalition in Congress challenged it before the Central American Court of Justice, a body whose authority has long been subject to debate. The justices in question also sought to retain their seats, so that two groups of magistrates claimed to be the legitimate representatives of the Court, creating a situation of institutional uncertainty. The crisis was eventually resolved, fortunately, through political means, but not without damaging the credibility of democratic institutions. Neither Congress nor the questioned appointees were bound by the rules that make the Constitutional Court the ultimate arbiter of the Constitution.

A short-lived conflict also took place in Costa Rica during 2012 when legislators voted not to renew a Constitutional Court magistrate in his post. The act was not outside the purview of the legislature’s competence, although some procedural aspects remain open to question. What generated the crisis were remarks by some deputies that starkly showed the political intent of their decision. The legislature was seeking to “discipline” the Court, renowned for its activism, by signaling that it would punish those magistrates that refused to be compliant. Congressional representatives were not bound by the rules of judicial autonomy and the separation of powers. However, the outcry that emerged and the prompt resolution of the crisis drove the heads of the executive, legislative, and judiciary powers to issue a joint proclamation reaffirming the relevance of those very rules, reminding everyone of the principle that rules should bind us.

These examples show that formal rules are not enough in our region’s progress towards democracy. They must be subject to credible enforcement and they must be accepted and internalized by political actors.

ABOUT THE AUTHOR

  • Ludovico Feoli

    Executive Director - Center for Inter-American Policy & Research

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Stone Center for Latin American Studies to Host 10th Annual Workshop on Field Research Methods

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Join us at the Stone Center for Latin American Studies for the 10th Annual Weekend Workshop on Field Research Methods on January 27, 2018. The application deadline is January 20, 2018.

How will you get the data you need for your thesis or dissertation? Do you envision immersing yourself for months in the local culture, or tromping the hills and farms seeking respondents? Sorting through dusty archives? Observing musicians at work in the plaza? Downloading and crunching numbers on a computer? For any of these approaches: How might you get there, from here?

This workshop aims to help you approach your data collection and analysis for your thesis or dissertation topic, and to adapt and refine your topic to be more feasible. You will take your research project ideas to the next stop—whatever that may be, include raising travel grants. Learn to:

  • Plan more efficiently, feasible, and rewarding fieldwork
  • Prepare more compelling and persuasive grant proposals
  • Navigate choices of research methods and course offerings on campus
  • Become a better research and fieldwork team-member

Format
This is an engaged, hands-on, informal workshop. Everyone shares ideas and participates. We will explore and compare research approaches, share experiences and brainstorm alternatives. You will be encouraged to think differently about your topic, questions, and study sites as well as language preparation, budgets, and logistics. The participatory format is intended to spark constructive new thinking, strategies, and student networks to continue learning about (and conducting) field research.

Who is leading this?
Laura Murphy, PhD, faculty in Global Community Health and Behavioral Sciences, and affiliate faculty to the Stone Center for Latin American Studies.

Who is this for?
This workshop is targeted to Stone Center graduate students as well as graduate students from other programs (GOHB, CCC, humanities, sciences, and others) if space is available. The workshop will be particularly helpful for those who envision research with human subjects.

Sign up
Sign up as soon as you can! Apply by January 20, 2018, at the latest to confirm your stop. Send an email with the following details:

  • Your name
  • Department and Degree program
  • Year at Tulane
  • Prior experience in research, especially field research
  • Academic training in research design and methods
  • Include a 1-paragraphy statement of your current research interests and immediate plans/needs (i.e. organize summer field research)

Light breakfast and lunch will be provided. Not for credit.

For more information and/or to apply: Contact Laura Murphy at lmurphy2@tulane.edu or Jimmy Huck at jhuck@tulane.edu.

29th Annual AAPLAC Conference

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The Association for Academic Programs in Latin America and the Caribbean (AAPLAC) will hold its 29th Annual Conference in New Orleans, Louisiana, February 21-24, 2018, hosted by the Stone Center for Latin American Studies at Tulane University.

AAPLAC is an organization that facilitates and supports study abroad programming among Latin American, Caribbean and US institutions of higher learning and organizations dedicated to the promotion of cross-cultural, academic-based experiences.

This year’s theme, “Study Abroad: Meeting the Challenges of Cultural Engagement,” will include a variety of paper topics:

  • New Orleans after Katrina: The impact of the growing Hispanic population which came to help with rebuilding and has since stayed on
  • Interdisciplinary Institutional Content Assessment: How to best track what students are doing overseas and the benefits for our campuses
  • Global Partnerships through Peer Collaboration: How we can better work with institutions in Latin America and the Caribbean
  • Research Collaborations – U.S.-Latin America: Faculty led/student participation in on-site studies
  • Anglo-Hispanic Challenges: Cross-cultural understanding through experiential learning and study abroad
  • Strategic Partnerships: How we can enhance protocols between our schools in the US and those in Latin America and the Caribbean
  • Strengthening AAPLAC Relationships through Inter-Organization Mentoring: How we can enhance protocols amongst our schools in the US
  • Latina Empowerment: More women on study abroad programs: How we can take advantage of this bond between women of the North and the South
  • Rethinking Mobility: How is the student’s identity compromised/enhanced abroad?
  • Community-Based Partnerships: How students can learn as they engage with local communities in working type environments
  • Crossing Borders: The eternal quest for a global space as students interact with the other
  • Global Xenophobia on the Rise of Brexit/Trump? What is our role?
  • Cuba: Future U.S. Relations – Impact on Study Abroad

Our Call for Papers has now closed, but we encourage non-presenters and presenters alike to register for the conference. Any interested faculty, staff, and students from local and international universities, institutions, and study abroad providers are welcome. Registration is now open through February 1st.

A pre-conference workshop from the Forum on Education Abroad is also open to any conference participants. We encourage registration for this “Health, Safety, Security, & Risk Management (Standard 8)” workshop by February 2nd. Click here for registration and more information.

For questions, please contact Laura Wise Person at 862-8629 or lwise1@tulane.edu.

Apply for the Teaching Cuban Culture & Society: A Summer Educator Institute in Cuba

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Teaching Cuban Culture & Society: A Summer Educator Institute in Cuba
Havana, Cuba | June 23 – July 7, 2018
Program Application
Application Deadline: March 2, 2018

Tulane University’s Stone Center for Latin American Studies and the Cuban and Caribbean Studies Institute at Tulane University join forces with the University of Wisconsin-Milwaukee’s Center for Latin American & Caribbean Studies to take K-16 educators to Cuba. This is our fourth year running the Cuban Culture & Society K-16 Educator Institute and we are excited about this year’s itinerary. The institute will approach Cuban society and culture form a multidisciplinary perspective focused on the arts, the geography, and history of the country. Innovative programming and annual summer teacher institutes over the past three years provide the benefits of an interdisciplinary approach to teaching and studying the region. Taking advantage of Tulane’s relationship with the University of Havana and Cuba’s National Union of Writers and Artists, the institute equips teachers with multidisciplinary content, curricular resources, and methods of inquiry for developing that approach in their K-12 classrooms. Conducted in English by Professor Carolina Caballero, the institute will explore current trends and issues in Cuban culture and society through readings, films, and lectures. The program includes a series of talks by prominent Cuban intellectuals and local field trips to important political and cultural sights throughout Havana.

This two-week program provides the unique opportunity to work on developing lesson plans while exploring the sights and sounds of a nation and country that remain obscured behind political rhetoric and misinformation. Recent economic changes on the island have provoked a series of social and cultural transformations that have left Cubans and the entire world wondering what could be next for the island and the Revolution. Don’t miss the chance to witness some of these challenges and triumphs firsthand and get the opportunity to bring your experience back to your students in the classroom.

The trip will include a pre-departure orientation and two weeks in Cuba. The institute incorporates visits to local museums and exposes participants to arts organizations, schools, and teachers from the country’s national literacy campaign. Participants will stay within walking distance of the Malecón, the university, and many cultural venues. There will be group excursions to the historic Che Guevara monument, a visit to the site of the Bay of Pigs invasion, and a special visit to the town of Hershey, the town developed by Milton Hershey to begin his chocolate enterprise with the sugar from Cuba’s plantations. There will also be group excursions to the historic cities of Trinidad and Cienfuegos, Playa Girón, and Viñales, focusing on their role in the development of the economy and culture of the country

PROGRAM COST: $3,500
The cost will include a shared room and two meals a day, medical insurance, airfare to/from Havana from Tampa, Florida*, airport transportation in Havana to/from residence, OFAC-licensed academic visa, and specialized tours and outings.

*Airfare to/from Tampa, Florida, a one-night hotel stay in Tampa, incidental costs, and extra meals and expenses are not included in the program cost. You are responsible for your own air flight to/from Tampa, FL.

PROGRAM APPLICATION
Those interested in applying must be a K-12 educator or librarian. There is no Spanish language requirement for this program. The application deadline is March 2, 2018, at 5:00 PM.

Please note: This program is only open to K-12 educators who are currently teaching, are pre-service teachers or are serving in a school or public library.

PROPOSED ITINERARY – 15 DAYS

Day 1 – U.S./HAVANA, CUBA
Depart from Tampa, FL, Upon arrival, enjoy dinner and a welcome reception followed by an informal walk and people watching on the Malecón.
Day 2 – HAVANA
Havana Vieja Tour with local preservation experts to discuss in depth the history of local landmarks, historical preservation efforts, and future plans. Visit arte corte, a barber shop and hair-dressing school in the Santo Angel neighborhood developed to promote skills in the community and support the local economy and meet with local community leaders, students and elderly folks at the community center. Presentation on AfroCuban dance with musical expert Cari Diez; opportunity to interact with the musicians and staff.
Day 3 – HAVANA
Lecture with Professor Alfredo Prieto on Cuba Since the Special Period. Curriculum development workshop. Visit the Cuba Council of Churches to meet local people and participate in a seminar about the organization’s work in the areas of youth, agriculture, social welfare, and international communications.
Day 4 – HAVANA
Walking tour of Calle Obispo in the morning with Professor Rafael Hernández. Meet the instructors and students of La Colmenita, an after-school program that uses song and dance performance as a social development tool.
Day 5 – HAVANA
Presentation by Professor Isabel Rigol on current challenges facing Havana’s effort to preserve its architecture and heritage. Visit to the Escuelas Nacional de Arte and meet with students and faculty. Evening walk and visit to the Cañonazo at the Morro.
Day 6 – VINALES
Day trip to the UNESCO World Heritage site, Viñales for landscape and village exploration. Explore the mountainous magotes and visit and meet local tobacco farmers working in their fields and storehouses. At the Casa del Veguero we’ll have an introduction to tobacco farming and tobacco production. Visit with locals in the town of Viñales; lunch will be a community event shared with local families, followed by a visit to a children’s art center.
Day 7 – ALAMAR
Visit to an Organipónico (urban agrarian farm) in Alamar to explore sustainable farming in Cuba and learn about Cuban cuisine from local gardeners and Noel Pina, the manager of the garden. After lunch explore the community project Muraleando, where local artists have been changing a downtrodden neighborhood into a living work of art.
Day 8 – HAVANA/JAIMANITAS
Visit to Cementerio Colón and interact with the dozens of pilgrims who line up daily at the tomb of Amelia Goyri, said to grant miracles. Continue on to the Plaza de la Revolución. Lunch and afternoon visit to workshop of ceramic artist, José Fuster, who has turned his neighborhood into a unique, whimsical work of public art. Curriculum development in the evening.
Day 9 – SANTA CLARA, TRINIDAD
Travel to Trinidad via Santa Clara, a town founded by 175 people on July 15, 1689. It is the site of the last battle in the Cuban Revolution in 1958. Visit to the Che Mausoleum in Santa Clara. Also visit the historic sugar plantation of Manaca Iznaga before arriving in Trinidad.
Day 10 – TRINIDAD
Explore this UNESCO World Heritage site, founded on December 23, 1514 by Diego Velázquez de Cuellar. Trinidad was a central piece of Cuba’s sugar-based economy. Guided city tour with the city historian. Visit the Trinidad library to learn about the importance of libraries and debate questions of intellectual freedom with the staff. Meet with local entrepreneur David Alamar, owner of a private paladar (Davimart) to discuss cuentaproprismo in Cuba.
Day 11 – CIENFUEGOS
We will head to Cienfuegos, a town known for its architectural beauty which reveals its French colonial roots. Visit the Beny More School of Art that trains students in the visual and musical arts and is one of the top ten middle-level art schools in Cuba.
Day 12 – HAVANA
We will hear from children’s book author Olga Marta Pérez about the children’s/ youth Literacy Scene in Cuba today. In the afternoon, we will visit the Cuban Collection of the Museo Nacional de Bellas Artes accompanied by a curator.
Day 13 – PLAYA GIRON (Site of Bay of Pigs), Ciénega de Zapata, Playa Larga
Day excursion to the historic site of the Bay of Pigs, one of the landing sites for the 1961 US-backed invasion. Visit the Finca Fiesta Campesina farm, the Playa Girón museum, the Parque Ciénaga de Zapata, the Laguna del Tesoro, and the Taino Indian village.
Day 14 – HAVANA
Wrap-up curriculum workshop followed by a free afternoon ending in a celebratory dinner.
Day 15 – HAVANA/U.S.
Morning departure for the U.S.

Explore our past trips through these photos and curricula:

Program Application

For more information, please contact Denise Woltering-Vargas at dwolteri@tulane.edu or call the Stone Center for Latin American Studies at 504-862-3143.