In search of lost optimism. A year of PPK - Llorente & Cuenca
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: SPECIAL REPORT In search of lost optimism. A year of PPK Madrid, July 2017 Barcelona • Bogota • Buenos Aires • Havana • Lima • Lisbon • Madrid • Mexico City • Miami • New York City • Panama City • Quito • Rio de Janeiro • Sao Paulo Santiago • Santo Domingo • Washington, DC
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK 1. INTRODUCTION One year and one day after he started his term, 1. INTRODUCTION LLORENTE & CUENCA Peru reflects on The Dreams of President 2. A YEAR OF PPK Kuczynski1. At that time, two potential scenarios were discerned 3. OPTIMISTIC START for how the country could evolve. On the one hand, possible 4. IMPASSE IN THE peaceful political coexistence between the PPK and Keiko Fujimori CONSTITUTIONAL DESIGN that would assure stable governing conditions and sustainable 5. CLOUDS ON THE HORIZON economic growth and, on the other, a state of permanent conflict 6. ECONOMY UNDER POLITICAL between the legislative and executive powers that would cast its PRESSURE shadow over political stability and private investment. 7. RECOVERING OPTIMISM 8. IN SEARCH OF LOST OPTIMISM Today, one year after analyzing these two possibilities, we know AUTHORS that the difficulties in managing to create harmonious coexistence between a government without parliamentary support and an opposition with legislative majority is one of the reasons for the growing censure that Pedro Pablo Kuczynski has been suffering. The LLORENTE & CUENCA Latinamerica Public Affairs team has prepared an assessment that not only analyses the main factors that have caused the political turbulence that Peru has experienced, but also considers a new outlook for his second year of mandate. This analysis sets out the main milestones that have shaped this first year of the PPK government, and that marks the course for what could happen in the next, an analysis that is essential for understanding what is actually taking place in Peru. 1 Developing Ideas The Peruvian economy, a success story by José Carlos Antón http://www.developing-ideas.com/2016/10/17/peruvian-economy-a-success-story/#. WXcCbojyiUk 2
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK 2. A YEAR OF PPK 3. OPTIMISTIC START President Pedro Pablo At the end of an intense Kuczynski’s first year was electoral campaign whose intense. The optimism at outcome was uncertain until the start of his term, due the very last week, with PPK to generating positive winning by fewer than 50,000 expectations in the business votes over Keiko Fujimori, sector, slowly started to there were quite positive fade away as the economy expectations both from citizens underwent a deterioration and private investors. “The optimism [...] triggered by strong political slowly started to pressure. However, only days In the business sector, because into the second year of the PPK this was the first time in fade away as the administration, the possibility decades that the second economy underwent a of better understanding presidential round was deterioration triggered between his government contended by two candidates by strong political and the opposition, led by who both looked favorably Keiko Fujimori, who controls on private investment, and pressure” the Congress, opens up the because the composition of prospect of a recovery of the new Congress made one optimism due to the eventuality think that there would also of a better business climate in be a friendly stance toward Peru. In light of recent months promoting private enterprise. though, this optimism will remain cautious, as this five- But the election results in 2016 year political term will never be entailed another novelty for the free from complexities. Peruvian institutional system. It was the first time in many President Kuczynski with Fernando Zavala, minister of Economy and Finance, years that a single opposition during his swearing-in ceremony party–the Popular Force– gained a crushing majority in the Congress that would let it control the legislative process and closely supervise and monitor the government via the instruments established by the Constitution. These factors all made it clear that the main challenge in the 2016-2021 term of office would not be economic, given the similar outlooks of the main parties represented in Congress, but essentially Source: https://www.flickr.com/photos/presidenciaperu/35450345156/in/album-72157682468470094/ 3
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK political: How to articulate 4. IMPASSE IN THE harmonious coexistence CONSTITUTIONAL DESIGN between a weak government like the PPK, due to its scant The underlying cause of parliamentary representation, this impasse is a problem in “The Fujimori opposition, and a solid opposition like that the design of Peru’s political due to having a huge led by Keiko Fujimori, in light system, which was analyzed of its overwhelming majority in well by electoral affairs analyst Congressional majority, legislative power. Fernando Tuesta2, who observed: can censure ministers ‘Peru is the only country in as often as it likes, Thus at the outset of PPK's the region in which –being something that would government in July 2016 presidential– mechanisms are one could outline two basic embedded that are typical of be uncommon in a scenarios for how the country parliamentary systems inherited parliamentary system” would evolve. from Europe, creating a hybrid that has negative effects on On the one hand, the optimistic Peruvian politics.’ scenario, which would entail the establishment of basic He adds: ‘In parliamentary political agreement between systems, the government is PPK and Keiko Fujimori that— elected in parliament by a without ever becoming a stable majority of a party or coalition and permanent alliance— of parties. While it does would let propitious conditions exercise a function of political for governance be established, control, the government can helping to set in motion the govern and the parliament implementation of pending can supervise its work. There reforms to promote economic cannot be a government with growth and improve quality of a majority parliamentary life in areas including the job opposition’. market, the pension system and decentralization. Thus, in a situation like the one Peru is going through today, On the other hand, the the Fujimori opposition, due to pessimistic scenario, consisting having a huge Congressional of growing stand-offs between majority, can censure ministers the government and the as often as it likes, something opposition that could place that would be uncommon in a governability at risk due to parliamentary system in which the creation of an institutional if the government lost majority, impasse. This could cause the the prime minister would be mandate to lose due to the directly censured and the permanent duel between those elections moved forward. seeking presidential vacancy and those wanting to dissolve the Congress. 2 El Comercio, Cernsorship in a poorly designed building by Fernando Truesta. http://elcomercio.pe/politica/censura-edificio-mal-disenado-fernando-tuesta-427718 4
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK 5. CLOUDS ON THE Other menacing factors have HORIZON included the accusations of corruption of politicians and At the start of his mandate, officials from the Operation Car the opposition expressed wash (Lava Jato) case in Brazil, support critical to the PPK which led to an international administration, including a arrest warrant being issued record and nearly unanimous for former President Alejandro investiture vote by Congress of Toledo; along with other the ministerial cabinet led by denunciations, ex-President Fernando Zavala–as required Ollanta Humala and his wife by the Constitution–as well as Nadine Heredia have been “The growing clashes granting legislative powers to ordered preventative detention the government. for 18 months; and this could between the government also affect ex-President Alan and the opposition were Nonetheless and one year later, García and former candidate not the only source of the great difficulty is apparent Keiko Fujimori for having in establishing elementary allegedly received illegal complications for the harmony between the PPK election contributions from the country’s institutions government and the Congress company Odebrecht. and economic endeavors” dominated by Keiko Fujimori’s party. This has frequently seen There was also the strong them taking the negative road impact of the coastal El Niño, of discord described above, with landslides and flooding darkening political stability and causing severe damages to the the business environment. national infrastructures and family estate, especially in the This was the consequence north of the country. of the opposition outlining a complicated and often Finally, there was the aggressive relationship with lamentable action of the the government, which was Republic’s comptroller clearly expressed in the censure general Edgar Alarcón, whose at the end of 2016 of minister of performance damaged the Education Jaime Saavedra. economic process. Its apex was the recording of private The growing clashes between conversations he held with the government and the ministers, which were later opposition were not the only leaked to the media in the source of complications for context of the debate on the the country’s institutions and Chinchero Airport project in economic endeavors. Cusco. 5
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK As a consequence of To start, public opinion approval the political turbulence on President Kuczynski’s surrounding this project, performance dropped, according and in the midst of heavy to Ipsos, from 63 percent in parliamentary pressure, the September 2016 to 34 percent minister of Transport and in June 20173, while disapproval Communications Martín leaped from 17 percent in Vizcarra stepped down –who is September 2016 to 58 percent in also first vice-president– as well July 2017. as minister of Economy and Finance Alfredo Thorne. The consequences of the political stalemate between The broadcasting of the government and opposition, “Public opinion approval aforesaid conversations also along with natural disasters, on President Kuczynski’s put Congress’s attention on Operation Car wash and the performance dropped the President of the Council of comptroller general’s actions [...] from 63 percent in Ministers, Fernando Zavala. In have all led to virtual paralysis the end, the comptroller was in public sector investment September 2016 to 34 dismissed by the Congress of and spending decisions, and an percent in June 2017” the Republic. unstable political panorama that has damaged investment decisions in the private sector, 6. ECONOMY UNDER all of which has resulted POLITICAL PRESSURE in lower economic growth and worsening business The evolution of the economy expectations. and business climate in the country were among the The Economy and Finance main factors affected by Ministry once again in July rising political tensions in the reduced GDP growth forecasts first year of government of for 2017, now standing at 2.8 President Kuczynski. percent, a considerable drop compared to forecasts at the beginning of the year. Figure 1: Evolution of President Kuczynsky's approval rate As a consequence of the 65% negative effect of the political 70 61% 62% 60 59% 59% 53% 53% 57% arena on the economic 50 48% 41% panorama, the expectations 38% 40 31% 45% 35% of both people and companies 30 24% 17% 24% have been severely damaged. 20 14% Approval rate 10 Disapproval rate 0 July August September October November December January February March 3 El Comercio: Low approval rate for 2016 2017 PPK reached 34 percent, according to Ipsos Peru. http://elcomercio.pe/politica/ Source: Datum aprobacion-ppk-baja-34-julio-ipsos- peru-442560 6
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK On one hand, according to the prosperity generated by the Datum poll in July 20174, high mineral prices and the 70 percent of Peruvians boost from industry and the believe that the economy is services sector that occurred worsening, the highest rate yet during the construction of during PPK's government. The the mining megaprojects. prevailing sentiment in public Today, there is not only no opinion is that the economy investment in new mining has come to a standstill, and projects or in production that possibilities of finding jobs infrastructure, but this absence continue to reduce. is being reproduced in the discouragement and paralysis On the other hand, investment of literally thousands of prospects have also weakened, endeavors of all sizes, in which “Acceptance that the which has been building up the true invigoration of the Peruvian economic for several years now. The economy rests.’ situation is breaking down president of the Peruvian is assumed not only by Institute of Economics (IPE), Acceptance that the Peruvian Roberto Abusada, points economic situation is breaking the political opposition out with great concern the down is assumed not only by but also by President economic trajectory of the last the political opposition but Kuczynski himself” four years5: also by President Kuczynski himself, who just pointed out ‘Thus, private and public self-critically that ‘I thought I investment started the long and could do more in my first year inevitable process of collapse of office.’6 due to misrule. All of these misfortunes were masked by ‘We were going to grow by four or four and a half Chief of State supervising the temporary relocation plan for families from percent, yet we are at three Quebrada San Ildefonso percent. Operation Car wash has eaten up one point and the coastal El Niño another 4 Diario Gestión: A year of PPK's government, 70 percent of the people feels the economy is at a standstill. http:// gestion.pe/economia/ano-inicio-gobierno- ppk-70-siente-que-economia-se-esta- enfriando-2194737 5 Diario El Comercio: Of dialogues and bridges by Roberto Abusada. http://elcomercio.pe/opinion/columnistas/ dialogos-puentes-roberto-abusada-441219 6 Diario La República: The government must seek justice and that the economy does not collapse José Ugaz. http://elcomercio.pe/opinion/columnistas/ Source: https://www.flickr.com/photos/presidenciaperu/34100417275/in/album-72157680128636142/ dialogos-puentes-roberto-abusada-441219 7
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK half a point. This is what the 7. RECOVERING OPTIMISM people feel. Of course, nobody foresaw that Car wash would Peru’s political and economic be as disastrous as it was. scenario and prospects suffered It was one thing in Brazil great setbacks during the and then it landed here and first year of governance of the accusations commenced President Kuczynski. However against former presidents and paradoxically, at the onset and companies and this has of year two, some events have depleted trust. We had to cancel occurred that come together extremely large contracts: to create a cautious possibility the southern gas pipeline, that a turning point may be on “Relations between the the motorway to Chosica, the way. president and Congress Chavimochic 3. Other projects could change from the that have nothing to do with The first and most important open battle seen during Operation Carwash, like the was the meeting held in Metro Line 2 and the airport the first fortnight of July the first year to a time of (Chinchero), also had problems. between President Kuczynski greater cooperation” If the natural disasters are and opposition leader Keiko added, the result is that we’ve Fujimori, which led to forecasts undoubtedly had a bad year.’ that relations between the president and Congress could President PPK also change from the open battle acknowledges that optimism seen during the first year to was too high7: a time of greater cooperation without loss of typical tensions ‘I think we were too optimistic inherent in democracies during and took too long to realize the second year. the full extent of the issues we inherited from the past This meeting was the second government, which were not they have had since elections in clear when you interviewed June 2016 and, unlike the first, me last time. Who knew that which had no positive outcome, in the past five years over 80 this time some results are thousand additional officials taking place that would have had been hired to the central seemed impossible to attain government? This has been only weeks earlier. revealed along the way and has curbed the government’s To start, after Kuczynski and effectiveness.' Fujimori met, both stated that the Congress would 7 Diario El Comercio: Of dialogues and bridges by Roberto Abusada. http://elcomercio.pe/opinion/columnistas/dialogos-puentes-roberto-abusada-441219 8
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK review its blocking of several Another sign that government- legislative decrees issued opposition relations are by the government on the improving is that in the last “This improved advancement of concession fortnight the aggressiveness processes. of the opposition parliament understanding between legislators toward the government and The Fujimori majority Congress Ministerial Cabinet has opposition will continue also approved the government’s reduced, while government proposal to replace the former statements towards Fujimorism hinges however on the comptroller general –who have also been more moderate. debate on [...] the pardon was dismissed due to serious of former President breaches of conduct– leading The possibility that this Alberto Fujimori” to the appointment of Nelson improved understanding Shack, a solvency expert who between government and can contribute to the quality opposition will continue hinges of the control system without however on the hottest topic in damaging ongoing investments Peruvian politics: the debate on in Peru, the total opposite of the pardon of former President what had been occurring in the Alberto Fujimori. past. This issue has been handled by In this regard, we should point the government and opposition, out that another weakness but also by Fujimorism, due in Kuczynski’s first year of to the existence of extremely term was the fight against divergent points of view on corruption. this issue in the heart of the Fujimori family. ‘The bottom line is not positive, as the president never had this On the one hand, it would be topic on his agenda (…) and I complex for President PPK think he has paid the price: to grant a pardon to Fujimori Not having been prepared for due to the nature of the crimes something that was so clear, for which he was convicted, which is that Peru is suffering as presidential pardon cannot from structural, systemic be bestowed when there are and generalized corruption, crimes for the abuse of human which should be one of the rights. There are however main urgent priorities of any those who believe that the government,’ commented José president does not have any Ugaz Sánchez Moreno, chair of constitutional impediment to International Transparency and granting pardon. Based on this former ad hoc anti-corruption argument the head of state is attorney8. considering the possibility of issuing ‘medical pardon.’ 8 Diario La República: The government must seek justice and that the economy does not collapse José Ugaz. http://larepublica.pe/impresa/politica/893652-el-gobierno-debe- buscar-que-no-haya-impunidad-y-que-la-economia-no-colapse 9
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK But the topic of pardoning as economist Gianfranco former President Fujimori is Castagnola, executive president also leading to a growing and of Apoyo Consultoría, who open confrontation between his bases this claim on three two children who are involved factors. The first is the in politics and speculation on aforementioned dialogue the possibility that the Popular between President Kuczynski Force parliamentary legislators and Keiko Fujimori. will divide between those who follow Keiko and those The second factor that endorses supporting Kenji. optimistic forecasts is related to ‘the loosening of public Apart from this, it is true that spending as the only tool that after decided open antagonism could reverse the stagnation between the government and in the production sector in the the Fujimori opposition in very short term.’ According to Congress in the last 12 months, Castagnola, one of the main “Many believe that there the doors are slowly and mistakes in the economic policy hesitantly opening for a less during the first year was a may be space for ‘cautious unstable scenario than the one counterproductive adjustment optimism’9 on prospects experienced in the past year. to public spending in the last of economic growth in the quarter of 2016. next 18 months” In this regard, many believe that there may be space The third factor to nourish for ‘cautious optimism’9 on optimism is the commissioning prospects of economic growth of public-private partnerships in the next 18 months, such planned by the new minister of Transport and Communications Chief of State, PPK, supervising the Quebrada San Idelfonso área, in Trujillo Bruno Giuffra, along with the region, presiding the agreement for the construction of dams and water redefinition of the role of the diversion to Moche river general comptroller of the republic that the new holder of this post will assume. Castagnola concludes that, if these conditions concur, one could think of 7 percent growth in private investment –after four years of falls– and 4 percent for the GDP in 2018. 9 Diario El Comercio: Is there room for optimism? http://elcomercio.pe/opinion/ columnistas/hay-espacio-optimismo- gianfranco-castagnola-443053 Source: https://www.flickr.com/photos/presidenciaperu/34100417275/in/album-72157680128636142/ 10
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK 8. IN SEARCH OF LOST The scene is complex, but there OPTIMISM are reasons for reviving the optimism felt at the beginning Forty years ago, Pedro Pablo of PPK's government one year Kuczynski wrote a book that ago, which was lost along the was published by Pricenton road due to the convergence of University and entitled a set of political factors that "In order for this Democracy under Economic damaged the economy. improvement to take Pressure, in which he described place, this must be the what happened in the first At least this is what President government of President Pedro Pablo Kuczynski believes, term in which politics Fernando Belaunde Terry who after acknowledging that manages to organize (1963-1968), in which he was the his first year in office ‘was the economy and not secretary general of the Central undoubtedly bad,’ partly due to the reverse, as has Reserve Bank. ‘our mistake in underestimating what could happen,’ he now been Peru’s pattern in This government ended before thinks that the second year can recent decades". its time due to a military coup be much better. d’état that remained in power for 12 years. However, in order for this improvement to take place, Now history has erected this must be the term in which Kuczynski not as a writer but politics manages to organize as the president of a nation the economy and not the in which he must direct an reverse, as has been Peru’s economy under political pattern in recent decades. pressure, and the result need not be the same. In this regard, during the next 12 months, the government of President Kuczynski will continue to seek lost optimism. 11
IN SEARCH OF LOST OPTIMISM. A YEAR OF PPK Autores Luisa García is partner and COO for Latin America of LLORENTE & CUENCA. Expert on management of regional accounts and strategic consulting, Luisa is partner and Chief Operating Officer for Latin America of LLORENTE & CUENCA, president of the Chamber of Commerce of Spain in Peru and the chapter chair of the Peruvian chapter of the Young Presidents’ Organization (YPO). She is also member of the Advisory Board of Action Aid and of the advisory committees of Enseña Perú (Teach Peru) and the Asociación para el Progreso de la Dirección (Association for Management Progress) in Peru. Luisa was considered one of the 50 more influent Latin American businesswomen by the magazine Latin Business Chronicle in 2013 and was recognized as the Businesswoman of the Year in Latin America, Businesswoman of the Year in the field of Corporate Services and Woman of the Year in the Communication World at the Stevie Awards for Women in Business. lgarcia@llorenteycuenca.com Luis Miguel Peña is Partner andG eneralManager at LLORENTE & CUENCA Perú. Peña had been Prior to his position in Perú, Peña had beenresponsiblefor thef Litigation andOrganizations andP eople areas for more than 6 years. He has 15 years of experience in communication consulting in the development of strategic communication plans in different areas, particularly in crisis projects and judicial procedures for clients from different sectors, including food and beverage, tourism, consumer goods, technology, financial services and public institutions, among others. Peña has worked in litigations related to different fields of law (criminal, procedural, commercial and tax law), and in 2008 and 2009 he and his team won an International Stevie Award and a European Excellence Award. lmpena@llorenteycuenca.com 12
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