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HomeCosta RicaCosta Rica's Ley Jaguar: A Referendum on Democracy or Populist Ploy?

Costa Rica’s Ley Jaguar: A Referendum on Democracy or Populist Ploy?

The word, the word, have you heard the word? The word is ‘Referendum’. Our populist president, Rodrigo Chaves, had proposed that numerous issues facing the country be put to a national vote. This referendum even had a name: Ley Jaguar. Among the changes that were to be put to a vote, were privatizing Banco de Costa Rica, modifying the work week to 4 days on and 3 off, as well as changes to the way the Limon port is administered.

Alas, the Sala IV Costa Rica’s Constitutional Court– just caged the jaguar and declared the proposed referendum unconstitutional, due primarily to procedural errors. The Chaves administration is presently laboring to rework the proposal to satisfy the bureaucratic requirements.

Putting complex issues to the vote of the people is always a tricky proposition. Fifteen years ago the Central American Free Trade agreement with the US was put to a vote and narrowly passed. The agreement itself was a massive document that went unread by most voters.

The vote split roughly along the lines of private sector (in favor) versus public sector (opposed). The key issue then was the end of the telecommunications monopoly, and most who lived through the times of years long waits for telephone service and limited internet were happy with the opening of the market to competition.

President Chaves presents himself as a populist, a man of the people. He may remind you of other present day self styled populists, with his dismissive, often arrogant way of dealing with those who disagree with him as well as his dislike for and scapegoating of the press. He has a loyal, sometimes vociferous following who are ready to defend him online and in the streets, and also ready to go on the attack against perceived enemies.

For many, he was a refreshing change from previous administrations. He recently stirred the waters by claiming that for the past several decades Costa Rica has been ruled by a dictatorship of tyrants. He gains admiration from the masses as he ridicules the power structure of the country, dominated by a small number of interconnected families, who seemingly have a piece of any business in the private or public sector, where there is money to be made and hoarded.

Chaves did not hold back when asked about the possibility of the ‘Ley Jaguar’ being squelched: “The people can act like fools, or they can say ‘let’s take to the streets, go on strike, or organize ourselves so that these people, the ecosystem of corrupt wheeling and dealing, cronyism and crony capitalism never again have power. I, as president of the Republic, would observe…. I believe that it is up to the people, the population, the fishermen we saw today, the workers, to say: ‘President, we want you to go this way politically,'” he said.

Unfortunately, the one issue that everyone wanted to see put to a vote was already squashed by the powers that be: The proposal to eliminate the absurd and criminal ‘Pensiones de lujo’, six-figure annual dollar pensions enjoyed by only the most connected of politicos, has not been resurrected, as it was deemed ‘unconstitutional’.

This is truly the one issue that would bring the people to the streets. Perhaps President Chaves is holding this ace up his sleeve to play at the right moment. If the Ley Jaguar can be tweaked to be brought to a referendum vote, why not the Pensiones de Lujo as well?

For now, the Ley Jaguar is pending. We will see in the coming days if Chaves’ populist power is for real. Stay tuned.

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