[Congressional Record Volume 168, Number 182 (Monday, November 28, 2022)]
[Senate]
[Pages S6819-S6820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MORNING BUSINESS
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HONDURAS
Mr. LEAHY. Madam President, today marks the 1-year anniversary of the
election of Xiomara Castro Sarmiento, the first woman to hold the
office of President of Honduras. She succeeded Juan Orlando Hernandez
who had discredited the office of the Presidency by colluding with drug
traffickers, corrupt business owners, and other criminals; abusing his
authority by pressuring corrupt legislators and judges to dismantle the
institutions of democracy; and using the armed forces and police to
brutally silence his critics. The many crimes committed by his
government were well documented, yet numerous U.S. officials treated
him like a legitimate partner even after his stolen reelection in 2017,
until he was finally arrested and extradited to the United States.
The election of President Castro gave the people of Honduras a new
sense of hope that finally that dark period was behind them, that
rather than seeking to enrich themselves and hold onto power, she and
her administration would finally tackle the grinding poverty,
inequality, injustice, impunity, and insecurity that have caused so
many Hondurans to seek a better, safer life outside the country.
It has now been 10 months since President Castro was sworn in, and
her record is mixed. She has taken a number of important steps to
reverse the improper and illegal practices of her predecessor and to
put the country on a brighter path. By doing so, she has distinguished
herself from her counterparts in El Salvador and Guatemala who have
chosen to continue down the dark path of authoritarianism, corruption,
and impunity. But while her administration faces every imaginable
challenge, none is more urgent and necessary than reversing the
Hernandez administration's assault on the independence of the judiciary
and the rule of law. Under President Hernandez, the very concept of
justice was turned on its head. Anyone with money could get away with
practically anything, including murder, and the government could arrest
and imprison anyone with impunity. The vast majority of crimes went
unpunished.
Recognizing the need to establish public confidence in the courts and
Office of the Attorney General, one of President Castro's most
important promises during her campaign was to create a Comision
International Contra la Impunidad en Honduras--CICIH--to succeed the
defunct Mission to Support the Fight Against Corruption and Impunity--
MACCIH--which was shut down by President Hernandez. Yet, nearly a year
after her election, a formal agreement between the United Nations and
Honduras, or convenio, to establish an independent CICIH, has not been
signed.
One of the lessons the people of Central America have learned is that
the only way to establish the rule of law and end impunity in their
countries is with the active participation of international
institutions and experts and the unequivocal commitment of local
officials. Despite millions of dollars invested by the United States
and other donor countries, that local commitment was lacking for the
International Commission against Impunity in Guatemala--CICIG--and the
MACCIH in Honduras. Each was pointed to by the former leaders of those
countries as proof of their commitment to the rule of law. Yet each was
vulnerable to manipulation, and each was shut down by those same
leaders when it became clear that they themselves could be held
accountable for their crimes. Their only interest was in appearing to
support the institutions of justice while all the time ensuring that
they, their families, and their corrupt accomplices in government and
the private sector remained above the law.
Considering how easily CICIG and MACCIH were sabotaged by the
previous leaders of those countries and how much is at stake for the
people of Honduras and the country's future development, nothing is
more important than firmly establishing a culture of respect for the
rule of law and for those whose job it is to administer it.
Doing so will take years, but the essential first step in that
process is for the Castro administration to complete the negotiations
with the United Nations and sign a convenio for the installation of a
fully independent CICIH headed by a commissioner with the necessary
experience, professionalism, and integrity, selected by the United
Nations.
An independent commissioner will work with local judicial authorities
in applying the law to the facts, wherever they lead. Past partial
solutions only resulted in money wasted, time lost, and justice denied.
Only after such a convenio is signed, which should occur without
further delay, will the Honduran people and the international community
have confidence that President Castro will keep her word and that
Honduras will finally be on a path toward real justice and
accountability.
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