The relationship between the Colombian armed forces and civilian leaders within the state has been marked historically with the continuity of civilian control and the general avoidance of military coups or regimes. After a series of major civil wars during the 19th century, civil–military relations were guided by the need to preserve the power of economic and political elites, with the military consistently acting as a central pillar in the survival of this elite. Interestingly, in the context of civil–military relations in Latin America, Colombia has been a model of how a regime can pair formal “civilian control” with intensive levels of state repression and violence against opposing forces within civil society. This model has been maintained during periods of relative political stability as well as during periods of widespread internal conflict. Thus, illustrating the limits that formal institutional arrangements within the Colombian state have led to shifts in the behavior of its military.
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Colombia: Civilian Control and Militarized Repression
William Aviles
Article
Constitutions and the Rule of Law in Asia
Victor Ramraj, Maartje De Visser, and Arun Thiruvengadam
In the modern world, formal constitutions are ubiquitous as the legal foundation of the state, standing at the apex of the legal order. As they emerged in a North Atlantic context, constitutional law and the ideal of constitutionalism came to be associated with a liberal model of government in which the state, composed of its leaders and public officials, was limited by law. This model of a constrained government became encapsulated in the ideal of “rule of law”—distinguishing between autocratic systems that were ruled by “men,” on the one hand, and systems in which political leaders were constrained by law, on the other hand. In this model, the courts typically play a critical institutional role in keeping state power within constitutional boundaries. Although this “liberal” model of constitutionalism and the rule of law continue to dominate legal and political thought, the proliferation of postcolonial legal and political regimes, and competing understandings of government and the role of the state, have challenged the dominant liberal understanding of constitutions and the rule of law. Many of these challenges come from Asia, which encompasses a stunning variety of political regimes that shape the environment in which constitutionalism and the ideal of the rule of law acquire meaning. This makes Asia an ideal site from which to explore the contested notions of constitutions, constitutionalism, and the rule of law as powerful explanatory tools and, in some cases, important normative correctives to the liberal model.
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Costa Rica: Demilitarization and Democratization
John A. Booth
An isolated Spanish frontier settlement with little or no significant mineral wealth, exportable crops, or exploitable indigenous population, colonial Costa Rica had only a rudimentary military. After independence in 1825, the population expanded and diversified as coffee cultivation generated growing wealth. Competing factions of the emergent coffee bourgeoisie fought to control the emerging state using elite-linked military officers to seize ruling power. Modernization and an external threat from Nicaragua and U.S. freebooters at mid-19th century led nation-building leaders to invest heavily in the army. Victorious in the 1856–1857 National War in Nicaragua, the military attained maximum size and power from 1870 to 1920 while oligarchic factions disputed ruling authority via fraudulent elections and coups d’état. Integration into the world economy deepened with banana production after 1890. Subsequent recessions and wars generated domestic economic inequality and a growing labor movement demanding reform. Civilian rule in the early 20th century was interrupted by the military regime of Federico Tinoco (1917–1919), whose atrocities led his civilian successors to almost dismantle the army. When a civil war erupted in 1948 against the divided, Communist-allied reformist government of the 1940s, the rebels defeated the army. The victorious National Liberation junta and new constitution abolished the army in 1949. Costa Rica committed to a police-based security model, nonaggression toward neighbors, and reliance on international alliances. Meanwhile, elites, spared the menace of military disruption, developed a successful electoral democratic regime. This has contributed to seven decades of political stability and allowed Costa Rica to invest successfully in economic development and its citizens’ welfare.
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Cuba: The Military and Politics
Jorge I. Domínguez
Cuba’s Revolutionary Armed Forces (FAR), founded in 1959, have been among the world’s most successful militaries. In the early 1960s, they defended the new revolutionary regime against all adversaries during years when Cuba was invaded at the Bay of Pigs in 1961, faced nuclear Armageddon in 1962, and experienced a civil war that included U.S. support for regime opponents. From 1963 to 1991, the FAR served the worldwide objectives of a small power that sought to behave as if it were a major world power. Cuba deployed combat troops overseas for wars in support of Algeria (1963), Syria (1973), Angola (1975–1991), and Ethiopia (1977–1989). Military advisers and some combat troops served in smaller missions in about two dozen countries the world over. Altogether, nearly 400,000 Cuban troops served overseas. Throughout those years, the FAR also worked significantly to support Cuba’s economy, especially in the 1960s and again since the early 1990s following the Soviet Union’s collapse. Uninterruptedly, officers and troops have been directly engaged in economic planning, management, physical labor, and production. In the mid-1960s, the FAR ran compulsory labor camps that sought to turn homosexuals into heterosexuals and to remedy the alleged socially deviant behavior of these and others, as well. During the Cold War years, the FAR deepened Cuba’s alliance with the Soviet Union, deterred a U.S. invasion by signaling its cost for U.S. troops, and since the early 1990s developed confidence-building practices collaborating with U.S. military counterparts to prevent an accidental military clash.
Following false starts and experimentation, the FAR settled on a model of joint civilian-military governance that has proved durable: the civic soldier. The FAR and the Communist Party of Cuba (PCC) are closely interpenetrated at all levels and together endeavored to transform Cuban society, economy, and politics while defending state and regime. Under this hybrid approach, military officers govern large swaths of military and civilian life and are held up as paragons for soldiers and civilians, bearers of revolutionary traditions and ideology. Thoroughly politicized military are well educated as professionals in political, economic, managerial, engineering, and military affairs; in the FAR, officers with party rank and training, not outsider political commissars, run the party-in-the-FAR. Their civilian and military roles were fused, especially during the 1960s, yet they endured into the 21st century. Fused roles make it difficult to think of civilian control over the military or military control over civilians. Consequently, political conflict between “military” and “civilians” has been rare and, when it has arisen (often over the need for, and the extent of, military specialization for combat readiness), it has not pitted civilian against military leaders but rather cleaved the leadership of the FAR, the PCC, and the government. Intertwined leaderships facilitate cadre exchanges between military and nonmilitary sectors. The FAR enter their seventh decade smaller, undersupplied absent the Soviet Union, less capable of waging war effectively, and more at risk of instances of corruption through the activities of some of their market enterprises. Yet the FAR remain both an effective institution in a polity that they have helped to stabilize and proud of their accomplishments the world over.
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Guatemala: The Military in Politics
Anita Isaacs and Rachel A. Schwartz
Since the mid-20th century, the Guatemalan military has played a prominent role in the country’s political life. Yet, this was not always the case. During Guatemala’s first century of independence, the armed forces operated largely as the pawn of personalist rulers and oligarchic elites, utilizing coercion to quell labor unrest and impose order in the countryside. Developments during the Cold War era, however, transformed the Guatemalan military into a centralized source of political and economic power and the key protagonist in domestic politics.
Following World War II and on the heels of popular uprising, nationalist junior army officers ushered in a series of popular reforms, which included land redistribution. A 1954 CIA-orchestrated coup supported by the Guatemalan oligarchy and reactionary military factions toppled Guatemala’s “Democratic Spring,” reversed the reforms, and paved the way for four decades of hardline military rule. The subsequent rise of a leftist insurgent movement and the outbreak of armed conflict (1960–1996) gave the armed forces a pretext to dramatically expand their power. They consolidated formal political control over the Guatemalan state and pursued a counterinsurgent campaign, which escalated into genocidal violence in the predominantly Mayan indigenous highlands.
Pulled between the political protagonism of civil war and the subordination to civilian rule required in liberal democracy, the Guatemalan military struggled to redefine its institutional identity with the end of armed conflict. It lurched reluctantly toward peace and democracy following a split in its ranks between a moderate institutionalist faction and right-wing groups wary of ceding political control. Despite peace accord provisions to reduce the military’s size and budget and to confine its institutional activities to external defense, military officials, particularly those from intelligence, continued to wield extraordinary control in the postwar era. Challenging the strictures of peace and democracy, they have fought to maintain key interests, notably impunity for war crimes, political decision-making influence, and wartime sources of illicit enrichment.
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Historical Legacies of Political Violence
Jacob Walden and Yuri M. Zhukov
Legacies of political violence are long-term changes in social behavior and attitudes, which are attributable—at least in part—to historical episodes of political conflict and contention. These legacies can potentially reshape the subsequent political and social order. Their catalysts can range from armed conflict, mass repression, and genocide to oppressive institutions and interpersonal violence. The lasting effects of violence include changes in political participation and preferences, intergroup relations, economic activity and growth, and public health outcomes. Estimating these effects presents a methodological challenge, due to selection, posttreatment bias, and the difficulty of isolating specific mechanisms. These challenges are particularly acute given the long time span inherent in studying historical legacies, where effects may be measured generations or centuries after the precipitating event. Understanding these legacies requires distinguishing between persistence mechanisms, where effects of violence continue within an individual directly exposed to violence through trauma, and the secondary transmission of effects between individuals through family socialization, community and peer influences, institutionalization, and epigenetic and evolutionary changes. Research on this subject remains nascent—across many disciplines—and inconclusive on whether violence fosters mostly negative or positive forms of social and political change.
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Land-Related Conflict and Electoral Politics in Africa
Catherine Boone
Land-related disputes and land conflicts are sometimes politicized in elections in African countries, but this is usually not the case. Usually, land-related conflict is highly localized, managed at the micro-political level by neo-customary authorities, and not connected to electoral competition. Why do land conflicts sometimes become entangled in electoral politics, and sometimes “scale up” to become divisive issues in regional and national elections? A key determinant of why and how land disputes become politicized is the nature of the underlying land tenure regime, which varies across space (often by subnational district) within African countries. Under the neo-customary land tenure regimes that prevail in most regions of smallholder agriculture in most African countries, land disputes tend to be “bottled up” in neo-customary land-management processes at the local level. Under the statist land tenure regimes that exist in some districts of many African countries, government agents and officials are directly involved in land allocation and directly implicated in dispute resolution. Under “statist” land tenure institutions, the politicization of land conflict, especially around elections, becomes more likely. Land tenure institutions in African countries define landholders’ relations to each other, the state, and markets. Understanding these institutions, including how they come under pressure and change, goes far in explaining how and where land rights become politicized.
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Lebanon: A Military in Politics in a Divided Society
Oren Barak
Since Lebanon’s independence in the mid-1940s, its military—the Lebanese Armed Forces (LAF)—has played a pivotal role in the country’s politics. The political role of the LAF in Lebanon might seem surprising since the Lebanese state did not militarize, and its political leaders have continuously managed to keep their military relatively weak and small. Indeed, in this respect Lebanon has been markedly different from its close neighbors (Syria and Israel), but also from several other Middle Eastern states (especially Egypt and Iraq), where the military, which was large and powerful, was continuously involved in politics. Additionally, both Lebanon and the LAF have persistently striven to distance themselves from regional conflicts since 1949, particularly in relation to the Palestinian issue, albeit not always successfully. Still, and despite these ostensibly unfavorable factors for the military’s involvement in politics in Lebanon, the LAF has played an important political role in the state since its independence. This role, which has been marked by elements of continuity and change over the years, included mediation and arbitration between rival political factions (in 1945–1958, 2008, 2011, and 2019); attempts to dominate the political system (in 1958–1970 and 1988–1990); intervention in the Lebanese civil war (in 1975–1976 and 1982–1984); attempts to regain its balancing role in politics (in 1979–1982 and 1984–1988); and facilitating the state’s postwar reconstruction (since 1991). The political role of the military in Lebanon can be explained by several factors. First, the weakness of Lebanon’s political system and its inability to resolve crises between its members. Second, Lebanon’s divided society and its members’ general distrust towards its civilian politicians. Third, the basic characteristics of Lebanon’s military, which, in most periods, enjoyed broad public support that cuts across the lines of community, region, and family, and found appeal among domestic and external audiences, which, in their turn, acquiesced to its political role in the state.
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LGBT Military Service Policies in the United States
Andrew Goodhart and Jami K. Taylor
For most of its history, the U.S. military has maintained a policy of exclusion toward lesbian, gay, bisexual, and transgender (LGBT) people serving in uniform. The justifications for these exclusions have included the view that being homosexual or transgender is a psychological disorder, that it undermines military morale and effectiveness, and a fear that LGBT people would be vulnerable to foreign espionage. Explicit policies banning consensual homosexual sex—and excluding from service those who engage in it—date to the period between World Wars I and II, but de facto efforts at exclusion have existed since the early days of the republic.
Regulations governing homosexuals in the military came under pressure in the 1970s and 1980s as societal views toward lesbian, gay, and bisexual (LGB) people changed, and those LGB service members discharged under the policy increasingly challenged their treatment in court. (Public pressure to change regulations governing transgender people in the military arose mostly in the 2000s, though litigation efforts date to the 1970s.) In addition to general shifts in public and legal opinion, the debate over LGB people serving in the U.S. military was affected by the experience of foreign militaries that allow LGB people to serve. United States law began to loosen formal restrictions on LBG people serving in uniform with the passage of “Don’t Ask, Don’t Tell” (DADT) in 1994, but it still required LGB people to serve in secret. Changing public perceptions of LGB people and problems implementing the ban galvanized support for eliminating such restrictions. In 2010, President Obama signed legislation repealing DADT and removing all restrictions on LGB people serving in the military. However, transgender people do not enjoy the same rights. The Trump administration has revised Obama-era rules on transgender service members to enable greater exclusion. The issue is being contested in the courts and appears ripe for further political and legal dispute.
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Nationalism and Party System Formation in Southeast Asia
Andreas Ufen
Because the party literature is dominated by approaches with references to Western, especially European, party systems, it tends to neglect the specific circumstances of party system formation in colonial and postcolonial settings. This includes the role of agency, especially by foreign and Indigenous elites interested in crafting political, partisan cleavages. This can be studied by comparing Indonesia and Malaysia, two neighboring countries with many similarities but very different cleavage structures and trajectories. In British Malaya, Malay groups led by aristocrats reached independence rather smoothly through negotiations with the slowly retreating colonial power. The hegemonic national model was henceforth essentially Malay, royalist, and Islamic. Ethnic minorities and their respective cultures and languages were tolerated, with certain minority rights explicitly legitimated, but the national culture was leaning toward an exclusionary stance. The preindependence, elite-centered construction of an illiberal consociational arrangement and the parallel state violence against the leftist opposition resulted in postindependence political stability against a backdrop of restricted spaces for civil society coupled with conservative Islam and Malay chauvinism. The political left had already fundamentally been weakened beginning in 1957, and a conservative coalition of ethnically based, elitist parties dominated politics through semicompetitive elections. The major structures of the party system formed during the critical juncture in the late 1940s until the early 1950s existed until the mid-2010s before a slow disintegration of old coalitions and parties began. By contrast to British Malaya, in the Netherlands Indies a radically anticolonialist, well-rooted nationalist movement led by middle-class activists emerged, creating a fundamentally new notion of being “Indonesian” and supporting a religiously tolerant, multiethnic, democratic nation-state. After 1945, the movement was further instilled with nationalist passion by fighting an independence war against the returning Dutch. The period from 1945 until 1949 was marked by a number of social revolutions, and local aristocracies were substantially weakened. A mass-based and militant nationalist movement fighting against the colonial power resulted in social conflicts that were not settled at the time of independence. The path after the formation of the party system until the 1950s was interrupted by a long period of authoritarianism, but mass organizations such as Nahdatul Ulama and Muhammadiyah, certain dynamics of interparty competition, and the attempt at solving political conflicts consensually still characterize party politics in Indonesia. In short, deep political cleavages produced a strongly polarized party system, resulting in a long period of authoritarianism and eventually a resurgence of old cleavages in a newly democratized polity after 1998.
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Power Sharing as a Strategy to Resolve Political Crises in Africa
Michael Bratton and Peter Penar
Power sharing is often offered as a strategy to resolve political crises. In contrast to power capture and power division, power sharing entails exercising power in cooperation with rival groups. The outcome of power sharing largely rests on the purpose and context of the agreement. Power sharing has proven effective at attenuating political violence and providing stability when enacted to guide a transition from white-minority to black-majority rule in former settler states (e.g., South Africa) or to bring persistent civil wars to an end (e.g., Sierra Leone and Burundi). However, in the context of an election dispute, power sharing fails to solve the underlying concerns that contribute to election-related conflict. Although power sharing may attenuate or end violence, the outcome is poor reconciling election winners and losers and deepening democratic practices (e.g., Kenya and Zimbabwe). Recognizing the failure of power sharing after election disputes, external mediators—particularly in West Africa (e.g., Côte d’Ivoire and The Gambia)—have tended to emphasize maintaining normal constitutional processes rather than power-sharing settlements.
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The Republic of the Congo: The Colonial Origins of Military Rule
Joshua Shaw and Brett Carter
The Republic of Congo secured its independence from France in 1960. The French colonial apparatus bequeathed an ethnically divided society. Native southerners dominated the sprawling civil service and, owing to their demographic advantage, elected Congo’s first two presidents, themselves both southerners. Native northerners, otherwise marginalized economically and politically, dominated the military’s rank and file. This cleavage has animated Congolese politics since. In 1969, a clique of northern military officers toppled the southern-dominated Brazzaville government. Among its members was former paratrooper Denis Sassou Nguesso, who has ruled Congo for all but 5 years since 1979. His tenure has been marked by massive corruption, gross economic mismanagement, and persistent human rights abuses. Accordingly, despite its status as one of Africa’s leading oil producers, Congolese citizens remain among the world’s poorest. To secure his political survival, Sassou Nguesso has used Congo’s longstanding ethnic cleavage as a tool: by directing state resources to northerners and using the northern-dominated military to repress southerners, who, after enduring nearly 50 years of northern rule, are profoundly frustrated.
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Romania: Civil-Military Relations in the Modern Age
Marian Zulean
Romania has no tradition in militarism despite its history of authoritarian regimes in 20th century. The process of modernization and democratization that started in the middle of 19th century was interrupted for about half a century by the authoritarian regime of King Carol II (1938), followed by a military dictatorship during World War II, and continued with a Communist dictatorship until 1989.
The transition to democracy started in 1990 from a very low level, Ceausescu’s regime being one of the fiercest dictatorial regimes. However, Romania succeeded in building up a functional democracy and market economy with Western assistance that transformed it into a full member of the North Atlantic Treaty Organization (NATO) and the European Union (EU). One basic conditionality to the admission into NATO and the EU was putting the military under civilian control and building up democratic civil–military relations. Thus, Romania has no history of military involvement in politics. After three decades of transition, Romania implemented a complex mechanism of democratic control of the military. However, issues regarding the incomplete internalization of democratic norms of control of the military, resistance to change through the system of military education, an obsolete national security legislation, and some legacy practices related to rights abuses perpetrated by intelligence services need to be addressed in order to consider Romania a consolidated democracy.
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Rwanda: Civil–Military Relations
Marco Jowell
The army has been a central part of Rwanda’s political system from the precolonial period until the early 21st century and is intrinsically part of the construction and politics of the state. Civil–military relations in Rwanda demonstrate not only the central features of transitioning a rebel group to a national defense sector but also how some states construct their armed forces after a period of mass violence. Since the civil war and genocide in the early 1990s, the Rwandan military has been the primary actor in politics, the economy, and state building as well as in regional wars in central Africa and the Great Lakes region. Practical experiences of guerrilla insurgency and conflict in Uganda and Rwanda, postconflict military integration, and the intertwining of political and economic agendas with the ruling party have shaped civil–military relations in Rwanda and have been central to how the Rwandan defense sector functions. Contemporary Rwandan civil–military relations center around the two elements of service delivery and control, which has resulted in the development of an effective and technocratic military in terms of remit and responsibilities on the one hand, and the creation of a politicized force of coercion on the other hand. The military in Rwanda therefore reflects the pressures and dynamics of the wider state and cannot be separated from it. The Rwandan army is thus a “political army” and is part and parcel of the political structures that oversee and govern the Rwandan state.
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South Korea: The Journey Toward Civilian and Democratic Control Over the Military
Carl J. Saxer
Many have seen the establishment of civilian and democratic control over the military as a necessary, although not sufficient, condition for the consolidation of a nascent democracy. The establishment of civilian and democratic control over the military in South Korea was a long and, some would argue, uncompleted process. A coup in 1961 led by Park Chung-hee, a major-general, led to the establishment of an authoritarian regime that, while going civilian, was based on the control of the military and the intelligence services. Park was assassinated by the head of the Korean Central Intelligence Agency in October 1979; however, the hopes of moving in the direction of democracy were soon squashed when Chun Doo-hwan, and his comrades in arms from the secret Hanahoe (One Mind) club of Korean Military Academy graduates, first took power over the military through an internal coup, and then took control over the government. Under significant internal, and external, pressure Chun Doo-hwan agreed to step down from the presidency in 1987 and allow the writing of a new constitution that led to free elections to the presidency in December 1987. The opposition lost the 1987 election due to its inability to agree upon a united candidate. The winner was Roh Tae-woo, a participant in the 1979–1990 coup, who would during his presidency take important steps when it came to establishing civilian control over the military. However, it was first with the inauguration of the Kim Young-sam in 1993 that the establishment of firm civilian control was achieved. He engaged in a significant reorganization of, and moved against the power of the secret societies within, the army. He also promoted the idea of a politically neutral military. This most likely played a significant role when Kim Dae-jung, the first opposition candidate, won the presidency in December 1997, as the military remained neutral and accepted the outcome of the electoral process. There has since been a strengthening of civilian control over the military in South Korea. However, there are a number of important issues that need to be dealt with in order to ensure full democratic control over the military and the intelligence services. While the military, as an institution, has stayed neutral in politics, military and intelligence resources have been used in attempts at influencing public opinion in the lead-up to elections. In addition, comprehensive oversight by the legislature continues to be weak and the National Security Law remains on the books.
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The Dominican Republic: From Military Rule to Democracy
Ellen D. Tillman
Due to regionalism and both internal and external military interventions in politics, it was not until the last quarter of the 20th century that the Dominican Republic began a (true) transition to free democratic institutions in politics. While various forms of militarism and militarization dominated most of Dominican politics—and much of society—from independence to that period, liberalization from the 1970s and beyond led to a downsizing in military and police power and relatively stable and peaceful electoral transitions between legitimate political contenders. From independence in 1844 to the late 19th century, Dominican politics was characterized largely by fragmentation and caudillo warfare, including an 1861 reannexation to Spain and a long Restoration War to restore independence in 1865. These trends encouraged militarization in many aspects of society, and elevated many men of military experience and fame in politics. Despite a brief late-19th-century period of liberalization, the country quickly fell under the dictatorship of Ulíses Heureaux, whose caudillo system of rule was reinforced and funded through extensive internal and external loans—the latter of which were gradually taken over by the United States. His assassination in 1899 pushed the Dominican Republic into a series of governments and civil wars that, considering growing U.S. influence and interest, led to the direct U.S. military occupation of the country from 1916 to 1924. Using the structures of military centralization built up under the occupation, under which he had been trained, Rafael Trujillo took over the Dominican government at the end of the 1920s. He ruled from 1930 to 1961. While Trujillo’s rule built a semblance of a government with civilian branches, he used military intimidation and violence both to control and to modernize the state. After his assassination, the long-term military, political, and societal consequences of Trujillo’s dictatorship continued to hinder democratic development, yet some elements actually improved the possibilities of a democratic state, including economic growth, urbanization, and the consequent growth of a middle class, which challenged former followers of Trujillo such as Joaquín Balaguer through the 1960s and 1970s. By the mid-1970s and into the 1980s, the popular Dominican challenge to military intervention in politics aided the downsizing of the Trujillista military and therefore the power of the armed forces to intervene in the political system. The presidencies of Antonio Guzmán and Salvador Jorge Blanco in the late 1970s and 1980s, while peacefully and legally elected, were marred by corruption, yet popular pressure and personal interest caused these administrations to gradually scale back the armed forces and their role in politics. Through the 1980s and 1990s, a centralized and efficient civilian-controlled government formed. Despite some difficulties in transition, due to such issues as the fragility of early democratic institutions and International Monetary Fund–imposed austerity measures of the 1980s, by the mid-1990s the Dominican Republic had conducted highly contested but fair elections without direct police or military interference in the political process.
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Venezuela: Coup-Proofing From Pérez Jiménez to Maduro
Deborah L. Norden
From the middle of the 20th century, Venezuela’s governments have demonstrated surprising immunity to successful coups. The more than 40-year Punto Fijo democracy (1958–1999) boasted free and competitive elections even while the vast majority of Latin American governments fell to military rule. Two decades later, the beleaguered government of Nicolás Maduro withstood not only national, but international demands for a military coup under conditions of virtual economic collapse and extreme political crisis. This resilience is largely a function of successful coup-proofing—deliberate government policies to both reward military loyalty and defend against possible dissent. The Bolivarian leaders of the early 21st century—Hugo Chávez and Nicolás Maduro— built on a combination of strategies previously utilized by either the Pérez Jiménez military regime (1948–1958) or the Punto Fijo democratic regime, notably expanding such elements as politicization and the creation of competing militarized forces (counterbalancing) to fit with the revolutionary model that the chavistas sought to pursue.
