CMCFeature-CARIBBEAN-POLITICS-Threats to Democracy: The Erosion of Judicial Independence.

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 Arevalo de Leon, has successfully secured the presidency with Leon 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.

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 Arevalo 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 Arevalo'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...