Paraguay and the asymmetric integration in South America (2012)
Transcript of Paraguay and the asymmetric integration in South America (2012)
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Paraguay and the asymmetric integration in South America: what is
next? Crisis of Paraguay’s international relations in the MERCOSUR and UNASUR context
and its effects on negotiations with the European Union
Luis A. Fretes Carreras1
ABSTRACT
South America has been the seat of fast and widespread social, economic and political
change for several decades. Between the states, socioeconomic development and
consolidation of democracy are heterogeneous, and the constitutional forms and
productive systems are diverse, but they coincide in the importance of regional
integration.
Recently, some of them, like Brazil and Venezuela, have increased their “global”
dimension and reinforced their influence on multilateral organisms through a series of
alliances and strong international activism, using the power of their economic resources.
The visibility of these states is obvious and the contemporary superpowers – such as the
United States, China, Russia or Germany – have made huge efforts to rely on their
alliance and have a larger presence in their economies.
The formation of new regional blocs like the UNASUR and the CELAC under the
impulse of regional powers pressures more classical projects such as the MERCOSUR
and the CAN to review their objectives. The ALBA initiative lead by Hugo Chavez has
consolidated a deeply political and ideological alliance between states considered as
peripheral like Bolivia, Cuba, Ecuador, Venezuela and Nicaragua which is making the
MERCOSUR member states, particularly Argentina and Brazil, review and change their
external relations in the region, while keeping in mind that other reasons, at least as
important, also motivate this change. The recent formation of the Pacific Alliance is
becoming another instrument answering the need of integration, one with a seemingly
more economic concept, but which also incubates a response of the countries unaligned
with the ALBA and the MERCOSUR.
In this context, the smaller and less internationally influential states such as Paraguay,
Bolivia, and Ecuador, are submitted to intense internal shifts, of which the expectations
of regional integration and international recognition must contend with domestic
conflicts, consolidation of their democratic institutions, and guarantee social stability
just as it is the case with conflicts coming from the outside such as the financial crisis in
developed states and the emergence of regional hegemonic powers.
In this case, Paraguay maintains an ambiguous and distrusting position with regard to
regional integration, fruit of its history of armed conflicts with its neighbors, the
1 Luis A. Fretes Carreras. Lawyer (UNA-Paraguay 1989), Master in Politics (UNA-Paraguay 1993),
Diploma in Regional Development (ILPES / CEPAL - Chile 1995), Master in Political Action and Citizen
Participation in the State of Law (UFV-Spain 2004) . PhD in Politics (ICS / University of Lisbon –
Portugal 2010). Professor of Contemporary Politics and Director (on leave) of the Public Politic Center of
the Catholic University Nuestra Sra. De la Asunción. Current Ambassador of Paraguay in Portugal.
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difficulties typical to its Mediterranean condition and the inequality and poverty of its
inhabitants.
Paraguay’s negative support as to Venezuela’s fulltime membership in the
MERCOSUR just like the objections interposed to the Ushuaia II agreements in the area
of democratic protection of UNASUR constitute the most concrete proof confirming the
institutional differences and asymmetries that exist between the signatory states of these
multilateral integration agreements, which have resulted in a severe crisis of
international relations in South America following Paraguay’s suspension from these
bodies following the destitution of President Fernando Lugo in June 2012.
The objective of this speech is to point out – from the Paraguayan case in particular,
considering that it is a state of relative minor development and Mediterranean – the
importance of the geography, the history, the politico-institutional differences and the
social, cultural and economic asymmetries that exist in each state in the process of
integration and institutional consolidation of the MERCOSUR and UNASUR.
Key words: Regional Integration, MERCOSUR, UNASUR, Asymmetries, Paraguay.
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1. INTRODUCTION.
Historically, and particularly in the 20th century, the links between South American
states have suffered from very unsettle times, in which however, they shared projects of
economic development of large undertaking, which would markedly affect the economy
and society of these nations.
The advent of democracy, the development of supranational institutions such as
CARICOM, CAN, MERCOSUR have changed the commercial relations of the past, but
today other organizations are appearing, with the objective to implement actions in
order to overcome inequalities and poverty in the continent.
Nevertheless, despite good intentions, continue conflicts derived from the policies
of the past and disparate conditions between the parties that in the present are being
threatened by growing globalization. As an example of this kind of situation, the
experience of the Paraguayan Republic in the processes of integration in political and
regional economy in South America (MERCOSUR and UNASUR) will be presented.
This analysis could cooperate towards distinguishing the similarities and differences
with the integration process of the European Union and its implication in the negotiation
of a free trade agreement with the MERCOSUR.
In order to present the Paraguayan experience adequately, one must previously
explain its cultural, historical and geographical characteristics to be able to understand
the objectives of its external policy. In this sense, it is necessary to consider with
attention the geopolitical situation of Paraguay; that being a Mediterranean state without
a maritime littoral, it is exposed to vulnerabilities that imply complex challenges for the
success of its regional and global integration.
2. THE PARAGUAYAN REPUBLIC. CULTURE, GEOGRAPHY AND
HISTORY.
Paraguay (Para= All the colors; Gua= that run; Y= water) is located in the center-
south of the American continent, and with Bolivia is one of the only two South
American states without a maritime littoral. To its benefit, it has a vast network of
navigable rivers, two of them very plentiful (the rivers Paraguay and Parana) which
naturally connect it to the Atlantic Ocean.
It is a nation mostly identified with the millenary Guaraní culture and whose
population is a product of an intense ethnic and cultural mix. The geographical space of
influence, particularly the Guaraní language, extended to a vast territory that today is
part of four states. Although the Guarani language is today in common use in all strata
of society and has official status, the Hispanic European culture imposed itself in its
literature as well as in its institutions. A relevant point is the decision of its first
independent authorities to declare in 1813 the first Republic in South America inspired
from the Roman model and more importantly to maintain such condition unalterable for
200 years.
Presently, Paraguay is one of the smallest states in territory and with the least
population in South America. Its geographical limits and survival as a state were
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achieved with huge sacrifices and substantial loss of human life during three wars that
were among the bloodiest in Latin America between the 18th and 20th century. 2
2.1. Initial characteristics of its foreign politics relations
2.1.1. From the Independent Autonomy to subordination
The independence of Paraguay was from the Spanish Crown and also from the
Viceroyalty of Rio de la Plata, and particularly from the latter because it was the
institutional political entity that exercised its predominance and subordinated the
inhabitants of the Province. Paradoxically, the only battles that were fought, the battles
of Cerro Porteño and Tacuari, were fought against the Porteño army and not the Spanish
army as was the case with all the other American nations.
The relations with the Portuguese realm and then with the Empire of Brazil,
oscillated between friendship, trade and distrust. Nevertheless, the action of the
Brazilian Empire for the recognition of the Paraguayan Republic was determinant in the
European courts in the first half of the XIX century.
The postulates of the Paraguayan external politics since its independence were three:
1) the Self-Determination and Sovereignty of the peoples, 2) the Free Navigation of the
Rivers and 3) the balance of the nations. With these postulates, it defended its territorial
integrity and survival as an independent state. In addition, under these principles it
participated in the Uruguayan civil war, which broke out into a bloody war against three
adversaries ending in a military defeat, the destruction of its entire infrastructure and the
loss of two thirds of its population.
From 1870 to 1880, Paraguay was occupied by the Brazilian and Argentinian
armies, new borders with Argentina and Brazil were established with the loss of one
third of its territory and a heavy war debt was imposed. In order to pay this enormous
debt and rebuild infrastructure, most of the public lands were sold to companies or to
large estates connected to the victorious states.
Then, between 1931 and 1935, a war with Bolivia took place which demanded a
huge human and financial effort but which in the end determined the modern-day
borders between both states.
One can state that in the time period between 1870 and 1940, the Paraguayan state
experienced widespread shortages and its external relations were subordinated to
Brazilian and Argentinian interests.
2.1.2. From the Dictatorship to the Democracy
During the times of the Cold War, the Paraguayan governments were military
dictatorships and as for external policy, it concentrated its relations in an exclusive form
and aligned with the National Security Doctrine that defended a social system based on
democracy without communism led by the US.
In the sixties, a border disagreement took place with Brazil because of the usufruct
of the hydrological channel of the Parana River that culminated in a series of imposed
2 It is important to point out that the limits of Paraguay were subjected to three wars that were fought
over a period of 185 years, the first one in the eighteenth century "Guarani Wars" in which the Jesuits and Indians faced the Portuguese and Spanish troops that had modified the boundaries of both colonies through the 1750 Permuta Treaty held in Madrid between the crowns of Spain and Portugal. The other two were: "The Great War" or the "Triple Alliance" and the "Chaco War".
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agreements and the signature of the Treaty of Itapúa for the construction of the biggest
hydroelectric dam known until now.
In exchange it signed another treaty with Argentina to build a large dam
downstream on the same river leading to the creation of the Yacyreta dam.
The decline of Argentina as a power, materialized with the military defeat of the
Falklands in 1982, signified the pre-eminence of Brazil in the hegemonic dispute over
Paraguay.
The democratization of the regimes in the Southern Cone pressured the fall of the
dictatorship and superficially changed Paraguayan international policy.
With the creation of MERCOSUR, Paraguay formally acquired a status of equality
in the process of economic and commercial integration. Nevertheless the asymmetric
relations with Brazil and Argentina remained, specifically regarding the management of
the Yacyreta and Itapúa dams and the restrictions to free trade.
During the period of transitional governments, Paraguayan external policy was
characterized by seeking a balance with Brazil and Argentina and looking for the
support of the US and the European Union in order to insert itself and justify itself as
legitimate and democratic in the international context.
Between 1996 and 2000, Brazil’s pre-eminence in Paraguay increased, situation that
consolidated with the Argentinian crisis of 2001. In this new decade, Brazil exercises a
powerful tutelage on Paraguay’s external relations.
2.1.3. From the democratic consolidation
In the period of 2006-2011 a big change in the external politics was observed due to
the relative stability of the institutional system, the boost of agricultural development,
the increase of investments and of trade with states outside of the region as like –
particularly in the last two years – an increase of its prominence in UNSAUR.
The main characteristics of the Paraguayan external politics during this period are:
a) Abandon of the ideological fight and rapprochement to Cuba, Venezuela,
Russia
b) International demand of cooperation for development and fight against
poorness
c) Request for compensations from its partners of the MERCOSUR for
asymmetries
d) Increase of trade with Venezuela, Russia and continental China
e) Continuity of the diplomatic relations and support to Taiwan
f) Bigger activism in the regional organisms and especially the UNASUR
This period turns out to be very relevant so a different perspective of the most
conflictive problems with the neighboring countries is deled with, such as: the
negotiation of the Itapúa treaty, the definition of the debt for the construction of
Yacyreta.
2.2. The current conflicts
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Existing divergences between Paraguay and its neighbors can be identified in the
following themes:
2.2.1. In the bilateral field:
a) BRASIL:
- The renegotiation of the Itaipu treaty, that implies the definition of the price that
Brazil has to pay Paraguay for the sale and transfer of energy.
- The illegal situation of the Brazilian occupants in the Paraguayan border and the
appropriate regulations to contain the irregular trade of the “sacoleiros” or small-
scale smuggling.
b) ARGENTINA:
- The exact definition of the amount of the debt by the construction of the
Yacyreta and the fulfilment of the complementary work.
- The suspension of the control measures in the international navigation roads.
2.2.2. In the MERCOSUR field:
- The refusal of the Paraguayan Congress to the admission of Venezuela.
- The appropriate implementation of the Funds for the Structural Convergence of
the MERCOSUR (FOCEM).
- The compensations for the implementation of the duty unification and the
annulation of the double charge for 2019.
- The refusal to establish diplomatic relations with Continental China.
2.3. En el ámbito del UNASUR: In the UNASUR field
- The refusal from the Paraguayan Congress to ratify the Ushuaia Democratic
Clause II.
- Differences with the Venezuelan and Brazilian project energy integration.
3. PARAGUAY AND ITS INTEGRATION IN REGIONAL ORGANIZATIONS
3.1. Principales of Paraguaya’s foreign relations
Foreign relations are governed by the principles enunciated in the Constitution of 1992
which are defined in the following terms:
"ARTICLE 143 - The Republic of Paraguay, in its international relations, international
law accepts and conforms to the following principles:
1) National Independence
2) Self-determination of nations;
3) Legal equality of states;
4) Solidarity and international cooperation;
5) International protection of human rights;
6) Free navigation on international rivers;
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7) The non-intervention, and
8) The condemnation of all forms of dictatorship, colonialism and imperialism. "
Under these regulations, organizations such as MERCOSUR, UNASUR or any other
supranational body that is constituted and shall be valid for the Paraguayan legal system
if there is a foreground of equality between states and their rules will be valid in a
hierarchy inferior to the Constitution. (Art.137 and 144 of the Constitution).
As well as, it is explicit in the Constitution that every international treaty must be
submitted and approved by the Congress by absolute majority in each chamber (Art.
145). Thus, all international agreements must be approved by the National Congress for
its validity.
3.2. Suspension of Paraguay from the MERCOSUR and the UNASUR.
The government of Paraguay was suspended from the MERCOSUR and the
UNASUR in June 2012 as motive of the destitution by the Congress of President
Fernando Lugo, in implementing the clauses of defense of the democracy known as
Ushuaia I and II. This suspension was justified by the President of Uruguay as a
political action and it would not affect the economic exchange. For this reason the
Paraguayan government has been unable to attend many meetings and summits such as
in China, Arab States, European Union and more recently the summit CELAC-EU.
As for the UNASUR, during the times of dismissal Paraguay exercised the
Presidency Pro-Tempore, it was retired from quoted presidency and it was assigned to
Peru, and it also expanded its sanctions by promoting Paraguay’s suspension in all the
international forums due the rupture to the democratic order through a coup done by the
Parliament. By following these guidelines, in many occasions’ representatives of
Ecuador, Argentina, Uruguay, Venezuela and Brazil have tried to prevent the presence
of Paraguayan representatives in OAS meetings, FAO, UNESCO and other multilateral
organizations.
It is noted that in these conditions the government of Paraguay has severe
difficulties to participate in the defense of their interests in forums where members of
the UNASUR and the MERCOSUR are present, as they condition their participation to
the exclusion of Paraguay. The proof is the absence of Paraguay in the summit EU-
CELAC that was recently held in Santiago, Chile.
3.3. Background and reasons for the suspension of Paraguay.
In 2008 the duo Lugo-Franco win the elections with 42% of the votes and breaks a
68-year hegemony of the Colorado Party (ANR). This duo led the Patriotic Alliance for
Change (APC) agreement sui generis and varied with over 17 organizations and
political parties, each of which was presented with separate lists of delegates. As a result
of this procedure, the President was elected with two deputies and five senators
organizations related to his leadership as Vice President was elected with fourteen (14)
senators and twenty nine (29) deputies out of a total of one hundred twenty five (125)
legislators and, Governors 8 of 17 members of his party.
The enormous challenges to change the management towards pluralism and guide
the public policy towards the safeguarding of social rights generated many conflicts. On
top of all of this must be added the tensions caused by a) disputes with neighbors
including the renegotiation of the Treaty of Itaipú and b) the refusal of Congress to
permit ratification of the democratic clause of UNASUR and the entry of Venezuela
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into the MERCOSUR. It should be noted that the inability to articulate a political
alliance with the capacity to ensure the stability of government and projecting future
changes initiated increases the fragility of the government when it launched the
campaign for the elections in 2013.
After countless conflicts, the distance with its main ally and the accusation of being
associated with the Bolivarian social movement of the “Socialismo del siglo XXI”, a
peasant occupation of public lands usurped by a landowner resulted in the slaughter of
11 farmers and 7 policemen which shocked the country and exposed the weakness of
the President.
The immediate dismissal of the minister of the interior, support to the President and
his replacement by a controversial figure linked to the Colorado Party and the
promotion to Chief of Police responsible for killing police generated a definitive break
with the greater political support available in the Congress and resulted in a procedure
called Political Judgment.
Knowing the beginning of the process, a delegation of over 12 Latin American
foreign ministers and the Secretary-General representing the UNASUR was formed in
Paraguay with the intention to mediate, without success in its mission.
3.4. Dismissal and Suspension.
In a summary proceeding, accompanied by a huge fear of renewed fighting and the
rumor of foreign intervention, the National Congress by an overwhelming majority of
votes removed from post the President “for bad execution of functions” and conform to
the constitutional term of office he automatically took possession of the functions of
Vice President. This decision of the Congress was accepted by the President dismissed
although he expressly disagreed and the Vice President took office as President.
The dismissal of the President of the Republic by the overwhelming majority of
both houses of Congress and the assumption to the power of his duo elected as the Vice
President, led to the suspension of the Paraguayan state's rights and responsibilities in
the MERCOSUR and UNASUR, just like the determination to prevent the current
government from participating in multilateral organizations. Among the most radical
reactions Venezuela's government announced the suspension of diplomatic and trade
relations, which involves cutting on oil supplies.
Unlike Japan, Korea, Russia, U.S. and all States of the European Union agreed to
the dismissal as a normal process and constitutional governments of Argentina, Brazil,
Bolivia, Colombia, Cuba, Chile, Ecuador, Uruguay, Mexico, Peru suspended diplomatic
relations and called their ambassadors to consult, turning from Colombia, Mexico and
most recently Chile.
Within the OAS, Venezuela, Brazil, Argentina, Uruguay among others requested
sanctions from the new Paraguayan government. In response, a commission headed by
the Secretary General was approved to visit in situ and met with all the political and
social actors bringing a report that was discussed in plenary and concluded that in
Paraguay there was a political conflict resolved in the framework of its and regulations
and that would accompany the government in the normal development of the electoral
political process that began in the last half of 2012.
Then a delegation of the European Parliament made a similar visit, except that its
members met separately according to the political sign that they belonged to and which
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resolved in the need to support the political process until the elections scheduled for
April 2013. Later this became a mission of the UNASUR, which after conducting
interviews with the actors of the internal conflict and meeting with exponents of the
civil society to express that its conclusions would be presented to the Secretary General
to evaluate the actions to follow in the meeting of foreign ministers of the member
countries not suspended.
As a result of these visits, the quoted organizations have decided to send observer
missions to the electoral process and support the work of the Electoral Justice until the
elections on April 21.
3.4. What do the suspensions consist of?
3.4.1. The suspension in the MERCOSUR
The suspension of the Paraguayan government in the MERCOSUR, prevents it
from attending and participating in all organizations and events being sectorial like in
the internal summits or with other states or agencies as it was in the negotiations with
China, the Arab States, the European Union and more recently the CELAC-EU summit.
Nevertheless all the agreements and privileges set forth in the common regulations of
the MERCOSUR were kept.
Uruguay's President in office of the President Pro-Tempore recently expressed
that they could well represent Paraguay in the negotiations leading to a response that
Paraguay is independent since 1811 and can defend its interests.
3.4.2. Sanctions from the UNASUR.
The Council of Heads of State and Government of the UNASUR decided to suspend
the right of the representatives of Paraguay to attend to the meetings of the UNASUR
implementing the Additional Protocol to the Constitutive Treaty on commitment to
democracy known as Ushuaia II and urge to promote the suspension of Paraguay in all
the multilateral forums.
3.5. What are the effects of the sanctions?
In our opinion the effects of the suspension of Paraguay in the MERCOSUR and the
UNASUR are legal, political, economic and social.
From a legal perspective the suspension of the MERCOSUR and the UNASUR
imply a serious legal problem because, although the suspension of a state is a figure that
exists in the order of both regional bodies the "Protocol of Ushuaia on Democratic
Commitment in the MERCOSUR, the Republic of Bolivia and the Republic of Chile
"has legal validity as it was accepted and ratified by the Congress of Paraguay.
Considering that the decision to suspend the Paraguayan government in the
MERCOSUR was adopted by a summit of three Presidents, such authority does not
exist in the organization of the MERCOSUR, because according to what was
established by the Article 2 of the Protocol of Ouro Preto a summit of Presidents do not
constitute an institutional body to take binding legal decisions.
Nor can it invoke the "Protocol of Ushuaia on Democratic Commitment in the
MERCOSUR, the Republic of Bolivia and the Republic of Chile" because it requires
the states parties to do consults with the affected State before proceeding to a penalty of
any kind. This procedure was not met in any of the bodies established as the transfer to
Paraguay of a delegation of South American Foreign Ministers in time of the crisis was
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made on the behalf of the UNASUR and was headed by the Secretary General of the
entity and, neither did this procedure get accomplished at the summit of Mendoza -
event where the decision was made to suspend- because no Paraguayan delegation was
accepted and even refused the entry of the Vice President of the Parlasur by the mere
fact of being from Paraguay.
As in the UNASUR, the legal problem arises for not being valid because the
standard applied at the time of the decision to suspend, the Additional Protocol to the
Constitutive Treaty on commitment to the democracy of the UNASUR was not
approved by the Paraguayan Congress and therefore it is not valid for Paraguay or for
other UNASUR member states for not meeting the number of ratifications required for
the effect. 3
Another legal issue of great importance is the incorporation of Venezuela to the
MERCOSUR, held in the same Summit of Presidents in Mendoza without having met
the requirements of the Article 20 of the Treaty of Asuncion and the Article 12 of the
Protocol of Accession of Venezuela to the MERCOSUR.
From what has been exposed the Paraguayan government confirms that in terms of
international law none of the requirements established by both regional organizations
have been carried out and it raises issues of legal validity to the actions and decisions
that dictate the bodies of the MERCOSUR and the UNASUR without the presence and
participation of their representatives.
From a political perspective, the controversy refers to the validity of the
democracy and its institutions. The states of the MERCOSUR and the UNASUR argue
that the destitution of the President Lugo was a parliamentary coup that generated the
breakdown of the Paraguayan democratic process to be an arbitrary of the Parliament
that overwhelms the Executive Power with a trial that was done in record time without
giving appropriate right to the defense.
The Constitution assigns to the Congress the power to impeach the President and
the members of the Supreme Court of Justice among others under the generic charge of
badly exercising his functions. This legal authority has already been used on other
occasions and in the Congress the votes for impeachment was overwhelming, 116 voted
for the dismissal, 4 were absent and there were only 5 votes against. In the absence of
the President the Vice President who took over was elected in the same election makes.
Subsequently the Supreme Court ruled and declared valid the decision of the Congress.
In the political sense of cataloging constitutional coup to the dismissal of the
Paraguayan President is an incurable contradiction because if it is constitutional it is
allowed and if it was a coup in the broader political sense it should be out of the Law.
Regarding the defendant breakdown of the democratic process, there are contradictions
since the Vice President elected on the same formula that the President enabled and
deposed by the Constitution occupies the vacant position, constitutional guarantees and
public freedoms are in place, members of other branches have not been dismissed,
broken electoral processes or rescheduled partisan primaries or national elections.
Another policy issue relates to the refusal of The Paraguayan Congress to the
admission of Venezuela in the MERCOSUR, which being suspended the representation
3 Ministry of Foreign Affairs of Paraguay. "Press Release on Council decision of the Heads of State and
Government of UNASUR." Asuncion, June 28, 2012.
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of Paraguay in the Mendoza summit, the Presidents following the suspension approved
its admission that materialized itself in the summit of Brasilia. Bolivia’s formal
invitation to join as a fulltime member was also announced.
These decisions, generate a political controversy difficult to resolve, as the
Paraguayan Congress's refusal to Venezuela's entry into the Mercosur is a continuity
that almost has ten years that is verified in two constitutional mandates where the
Governments were favorable to its admission. The opposition to the entry of Venezuela
in this is very strong and should be a big change in the internal composition of the
Congress in order to change this position.
As for the economic effects of the suspensions, a decrease in trade and exchange
with the MERCOSUR is not noticed with MERCOSUR and the demand of the
President Chavez to implement an economic blockade did not influence most of the
South American nations. While some investors have decided to await the outcome of
the next elections, the suspension did not impact on the domestic economy as feared.
Paradoxically, Paraguay is experiencing a period of exceptional growth due to increased
agricultural production and the expansion of extra-regional markets for its traditional
products. International markets have favorably reacted to the expectations of the
Paraguayan economic growth by improving their qualification and predicted GDP
growth of two digits for the next few years.
From a social perspective, an increasing criticism of the MERCOSUR can be
observed in the Medias, in manifestations of social and political leaders, in particular for
the few benefits obtained like the establishment of a parallel with the War of the Triple
Alliance. It is common to observe output campaigns for the MERCOSUR and the
reestablishment of low tariff policies and the re-triangulated Asian products. As well as
media campaigns that resemble the heads of state of Argentina, Brazil and Uruguay
with those who in the nineteenth century committed serious crimes and abuses during
the war period. These campaigns have increased the suspicion and sometimes
aggression against the neighbors that it is possible to note during sports events.
4. CONCLUSIONS.
In our opinion the reintegration of Paraguay in the MERCOSUR and UNASUR will
be part of a review process that depends on internal and external factors.
The internal factors which determine the reintegration of Paraguay in these regional
organizations depend on the results of the general elections on April 21 and the
composition of the new Congress. Although all of the groups are campaigning without
restrictions, including the former President Lugo himself who is running for Senate, the
political confrontation is troubled by what will determine the transparency and good
organization of the general elections of April 21. The role of the observer missions of
the OAS, the Carter Center and the European Union will be crucial, as well as the action
of an observer mission aimed to install the UNASUR.
As for the possible outcomes of future elections, according to early polls the parties
that are questioning the suspension would have the majority and this presents a complex
negotiation in the future. In particular compensations could be reclaimed facing the
effects of the suspension and the entry of Venezuela into the MERCOSUR since broad
agreements and economic interests are at stake.
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The external factors that would condition Paraguay’s full return to these
organizations are related to how to solve the existing bilateral and multilateral conflicts.
At the bilateral level, special attention will be paid to negotiations with Brazil since six
pending claims to change the Itapúa Treaty whose has as center the modification of the
electricity rates and the compensation in public construction. As in Argentina, the
negotiations will also be delicate because this country currently has a debt in arrears
with Paraguay for energy supply and is waiting for the audit and review of the amount
of the debt for the construction of the Yacyretá dam.
The normalization of the status of Paraguay in the MERCOSUR and UNASUR also
presents legal difficulties because the penalties are not recognized as legally valid and
the decisions taken in their absence must be reviewed or in the worst scenario ratified.
That is why, the position that Paraguay assumes will be decisive regarding the
conceptualization of these organs and the modification or not of its foreign policy
doctrine that considers (MERCOSUR and UNASUR) as organizations composed by
sovereign states whose aim should be the convergence of the public trade policies,
customs, immigration, taxation to achieve socio-economic development but that do not
imply the assignment, or loss of sovereignty.
In this context the development and integration projects of infrastructure and public
policies, such as councils of communication, transport and security and its infrastructure
projects of the UNASUR are understood as instances of consultation and conciliation of
interests and not imperatives to follow.
The balance of interests and the compensation mechanisms with richer states
considering the notorious and growing imbalance with Brazil, Argentina and
Venezuela, is also relevant for Paraguay.
Another factor is the regional political stability, the harmony and compatibility
between the institutions of each state as the conceptual difference of interpretation
prevents agreements. Hence the need to count on Legal Framework of legal
compatibility and legal interpretation that ensures the legal and institutional stability and
unconditional implementation without circumstantiates conditioning of shared public
policies circumstantial.
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5. BIBLIOGRAPHY
- CONSTITUCION NACIONAL.
- PNUD Programa de las Naciones Unidas para el Desarrollo. Informe 2011.
http://hdr.undp.org/es/estadisticas/
- FAO Organización de las Naciones Unidas para la Alimentación y la
Agricultura. Clasificación de Países de Bajos Ingresos y con Déficit de
Alimentos (PBIDA). http://www.fao.org/countryprofiles/lifdc.asp?lang=es
- GRANELL TRIAS, Francesc. “La primera conferencia sobre la cooperación
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