4th International Conference on Public Policy (ICPP4) June 26-28, 2019 – Montréal

PANEL: T01P09 - Advocacy Coalition Framework: Advancing Theory and Evidence about Phenomena of Policy Processes

The gender regime in politics. Advocacy coalitions strategies in the setting agenda processes in Central America for the decriminalization of demand

By: Jeraldine Alicia del Cid Castro1

1. Introduction

This paper provides information about three different cases (Guatemala, El Salvador and Nicaragua) of advocacy coalitions and their strategies in the setting agenda process for the decriminalization of abortion’s demand. The coalitions involved in the policy process in Central America have very different and interesting strategies because of the type of issue that we are studying. Abortion gets the attention and interest of a big variety of official and non-official actors. Specially in these contexts where sexual and reproductive issues are very restrictive.

Our main purpose is to identify the gender regimes that constitute the practices and strategies of the actors involved in the agenda setting process for the case of the for the decriminalization of abortion’s demand in the nation-states Nicaragua, El Salvador and Guatemala in the last two decades. The research question is: Which strategies do coalitions engage in to influence the agenda setting process of the decriminalization of abortion’s demand in Central America and is the gender regime an essential element in the resources that coalition apply?

1 PhD Student at Facultad Latinoamericana de Ciencias Sociales -FLACSO- México. The contents of this paper are part of the results of the doctoral thesis research.

1 The hypothetical argument is that the advocacy coalitions, consider as the entrepreneurs of the demand for the decriminalization of abortion, develop strategies to achieve politics promoting coalitions with government actors. However, the alliances that are against this demand have greater influence in the state arena, which is associated with the historically close relationship between the State and Churches in these contexts and with a dominant gender regime in the politics and policies in this processes that is based on gender stereotypes that associate women to motherhood. The gender regime and public policies are interdependent, it means they are cause and consequence of each other, so it is important to identify the processes by which they occur and reproduce each other.

This is a qualitative study with comparative cases method (George & Bennett, 2005). The cases to compare are: Guatemala, El Salvador and Nicaragua, countries in where sexual and and, particularly, the demand for decriminalization of abortion, are part of the issues that do not show dynamism in the decision-making agenda. Based on semi- structured interviews with the main actors of the process and newspapers review, we apply an analysis of the actors and networks with network analysis techniques.

2. Advocacy coalitions and gender regime in the setting agenda process

From Political Science, the perspective of public policies, and in particular of the policy process (Sabatier, 2007), a theoretical and empirical field has been developed to study the agenda setting process (Cobb, Ross y Ross, 1976; Birkland, 2007), in which diverse interrelated elements converge, focusing the interest in politics more than in the technical aspects of the policy instruments, it is also interested in the actors involved in the process, the dynamics and the institutional mechanisms, both formal and informal.

The Theory of Agenda Setting within the Policy Process is approached from the contributions of reformed Pluralism and the analyses of the complex formal Agenda. With these inputs, the focus is on the political context, the actors in the process and particularly the policy promoting coalitions. These approaches seek to study the policy process, in which, as proposed by Sabatier (2007), the complexity of the public policy process is addressed, which contains the following elements: actors involved, period of time that PP cycles last, institutions and levels of government, wide range of values and interests. Among the actors, the promoters of public policies stand out, who are actors with significant desires to change things within an area of interest (Mintrom and Norman 2009). They are willing to invest resources and energies in the process. In particular, advocacy coalitions, which according to Sabatier (1988), acquire a fundamental role in the process, since they can be determinant in the construction of the agenda that leads to the political and policy decisions that impact change.

For the study of such coalitions, the feminist perspective also offers some important elements. Bustelo (2001) presents a study on public policies for gender equality based on an analysis of the relationship between feminism and the State, a process in which the State, through its various institutions, promotes a change in inequality relations based on gender. This perspective implies an important assumption: to consider that the origin of these policies lies in the idea or recognition that the State must do something to overcome gender inequalities. Assuming that it is also based on the perspective

2 recognized in the State, an apparatus for the production and reproduction of such inequalities, a constant paradox in this research.

Within policy process studies, independent variables are contexts. In the "context" variables, there are the actors and their configuration in their coalitions to influence decision-making processes. In the case studies, we observe the configuration of these variables to preserve the stability of anti- abortion policy, as well as the results that could be obtained from the discussion and negotiation of a policy change with the intention of decriminalizing. In other words, the context, the actors and their mechanisms are fundamental in the policy process.

This would explain that the issues that enter the agenda-setting process are placed on the formal agenda to the extent that they reach a political network with power, which is expanding with its contingent character. However, in coalitions to promote the decriminalization of abortion in Central America, political networks do not become networks around problems as the reformed pluralism proposes, probably because they are moral issues that, when observed as a problem from diverse frames of meaning, very diverse possible solutions are developed.

According to Birkland (2007), non-official actors with power deficits can access the agenda through the "windows of opportunity" developed by Kingdon (1995), as well as the search for change in public perceptions of a problem and its solution, the same institutional changes, which could represent a window of opportunity, as well as changes in indicators of problems and, above all, coalitions that may be developed with external or internal power actors, institutional or not, official or not. This approach can be linked to the theoretical perspective in Social Movements on Political Opportunity Structures and Legal Opportunity Structures.

The model of defense coalitions or of windows of opportunity that is being contemplated in this theoretical framework explains the origin of changes in public policies based on the interaction between actors, "while in neo-institutionalism or network analysis they are explained based on the institutional context in which political action takes place" (Chaqués-Bonafont, 2004, p. 33). A defense coalition is a grouping of actors - politicians, bureaucrats, lobbies, researchers - who "occupy positions of responsibility in a political subsystem, share a particular belief system and carry out coordinating activities in a relatively stable manner over time for a decade or more" (Sabatier, 1988:133). Such stability is explained from the existing consensus around a set of ideas or ways of understanding the world, and the difficulty of changing such ideas in the short term. "Cohesion in fundamental political positions is what also marks the difference between allies and opponents within the same political subsystem, differences that tend to be stable over time for a decade or more" (Chaqués-Bonafont, 2004, p. 119).

Network analysis shares some of the principles of neo-institutionalism regarding the importance of the role of states and institutions in political life. "The process of public policy-making is developed through a specific institutional framework that must be taken into account to explain success or failure in the management of public affairs, as well as the distribution of power" (Chaqués-Bonafont, 2004, p. 34).

3 Most public issues are conducted and managed through closed networks, in which few actors participate in a stable manner. The analysis of networks according to Chaqués-Bonafont (2004), starts from the idea that policies are the result of constant interaction between the State and social groups. In this process, each subsystem has a limited number of actors, who enter into a constant process of negotiation. The author identifies that there is a certain tendency towards the creation of closed networks and that the decisions are the exchange of resources and information that permanently occurs between governmental organizations and private groups.

In network analysis, exogenous factors such as the emergence of new ideas, mobilization of social groups, new technologies, are necessary conditions, but not sufficient to explain why policy objectives are modified. An important element is how the distribution of power among actors is structured and formalized, "which can put limits and restrictions on change, generate stability or guarantee the continued access of interest groups, communities of experts or the media in the definition of the agenda and alternatives to follow in politics" (Chaqués-Bonafont, 2004, pg. 125). In other words, this approach recognizes the tendency towards the creation of closed networks, generally elitist in nature, which, moreover, strategically, have a high degree of institutionalization.

By organizing themselves in this way, networks or coalition directly influence the way in which they conceptualize social problems, in other words, they consolidate their greater influence in the definition of public problems, therefore, they fix "a system of beliefs and values that is consolidated in time and imposes limits on the entry of new ideas, avoiding radical transformations that may alter the existing distribution of power in each political subsystem" (Chaqués-Bonafont, 2004, p. 125), this perspective is taken into account to identify the coalitions that have emerged in the contexts of empirical analysis to resist and prevent the positioning of the demand for decriminalization of abortion in the decision-making agenda. This belief system has in its contents elements of the gender regime, which is translated into the discourse and practices of the actors, as it is possible to identify in current policies.

The gender regime, understood as a position regarding the "behavior and sexual character of the people" (Connell, 1987) that constitute the practices, subjectivities and discourses of the actors and institutions involved in the agenda setting process for the demand for the decriminalization of abortion in Central America has been predominantly based on a perception of the role of women as mothers so the abortion is consider a crime that has to be penalized, therefore this demand has not reached the decision agenda in the Legislative Assemblies. Even though, there has been presented some bills to change the current policies.

From the perspective of the Approach of political opportunities in the theoretical field of Social Movements (Kingdon, 1995), the interest is focused on how the policy regime is allowing or not windows of opportunity within the system, for attention to the demands. Specifically, this paper seeks to develop the setting agenda process based on a specific case that is inserted in the moral issues (Sullivan y Segers, 2008), the decriminalization of abortion in Central American countries, as a case that presents particularities in its behavior within the process, which it implies a greater complexity. The perspective that allows us to study the processes in which the actors involved develop mechanisms of alignment towards the frames of meaning around abortion, as a matter of morality is

4 the Framing Approach, within the Social Movements (Meyer & Staggenborg, 1996; McCaffrey & Keys, 2000, Hajer y Laws, 2008, Chaqués-Bonafont, Palau & Baumgartner, 2015).

To complement the study of this particular case, a critical feminist perspective of the State (Flammang, 1997) is incorporated, in which the State is conceived as a decisional arena from which social behavior patterns are produced and reproduced, as well as its relationship with some actors in the process, such as religions, which, for this particular issue (abortion), are determining actors (Ortiz- Ortega, 2001). It also offers the category "Gender Regime" (Connell, 1987; Quintana, 2016), which implies the ideology about sexuality and sexual behavior of people, that can be evident in the decisions and actions (or inactions) of the actors involved in the process of agenda building (the politics), as well as formal institutional instruments, which are translated into constitutions, laws, protocols (policies). This category constitutes the backbone of the theoretical approaches that are incorporated in this study.

The Agenda setting process approach, and the advocacy coalition framework, does not explains by itself the inequality in the positioning of the issues, there are some issues, for example the ones that below to the morality field, particularly those that imply women's freedom in decision making over their own bodies, sexuality and reproduction, that lead to the need to incorporate a complement perspective with the social movement approaches. Also, the feminist perspective that raises a critical understanding of the State and the subjective, symbolic and emotional aspects of the actors involved in the process, can explain more fully, why the issue of the decriminalization of abortion behaves in this way in the Central American States.

In this way, the analytical proposal to incorporate the gender regime as a category of analysis that complements the explanations provided by the other fields, to explain how this element is constituted and behaves in politics and policies, represented in the decisions, practices and actors subjectivities, specially the advocacy coalitions, as well as the principles and discourses of the institutions, resulting in the stability of a prohibitive or restrictive abortion policy in these contexts, with the problem definition of abortion as a crime.

3. The CA context

Central America is a developing region. With high levels of violence, poverty and recent democratization processes, it is the worldwide region with the greatest legislative lacking in the decriminalization of abortion. Dynamic and unstable processes that are characterized by the weakness of their institutions and the construction of a strong State of law. In recent years several decision makers and ex- decision makers have been accused and faced legal proceedings in cases of corruption.

The report of the State of the Region of 2016 states that "according to the most used international indicators to measure the political situation in the world, the nations of Central America experienced setbacks or stagnated in the last decade, which could show erosion processes or reversal of the so- called 'third wave of democratization' (Diamond, 1997) in which most of the countries of the Isthmus participate "(ERCA, 2016: 255).

5 Regarding the attention of the public problem of abortion, Central America is the region lagging behind in legislation to treat it as a public problem, since it is still defined as a crime to avoid its practice. The processes of decriminalization of abortion have advanced throughout the world during the last two decades. As shown in the following table, most countries in Latin America and the Caribbean have decriminalized abortion in some cases. However, more than 97% of women of reproductive age in the region live in countries with restrictive abortion laws (the first four categories in the table). The worst situation is found in the Central American countries.

Table 1 Legal status of abortion in Latin America and the Caribbean

Causal Countires Totally prohibited (without explicit legal El Salvador, Haiti, Honduras, Nicaragua, Dominican exception) Republic, Surinam To save the life of the woman Antigua y Barbuda, Brasil (a), Chile (a,c), Dominica, Guatemala, Mexico (a,c,e), Panama (a,c,d), Paraguay, Venezuela To save a woman's life / preserve physical Argentina (a), Bahamas, Bolivia (a,b), Costa Rica, health* Ecuador, Granada, Perú To save a woman's life / preserve physical or Colombia (a,b,c), Jamaica, San Cristóbal y Nieves, Sta. mental health Lucía (a,b), Trinidad y Tobago

To save a woman's life / preserve physical or Barbados (a,b,c,d), Belice (c), San Vicente y las mental health / socio-economic reasons Granadinas (a,b,c) Without restriction Cuba (d), Guyana, Puerto Rico, Uruguay (d)

* It includes countries with laws that simply refer to "health" or "therapeutic" indications that can be interpreted more broadly than physical health. Notes: Some countries also allow abortion in cases of (a) rape, (b) incest or (c) fetal abnormality. Some countries restrict abortion by requiring (d) parental authorization. In Mexico (e) the legality of abortion is determined at the level of each federative entity, and the legal categorization on this list reflects the situation for most women. Countries that allow abortion without restriction as to the reason have gestational limits (usually the first trimester); for legal in categories 2 to 5, the gestational age limits differ according to the prescribed cause.

Source: Guttmacher Institute, 2018. (https:// www.guttmacher.org/es/fact- sheet/aborto-en-america-latina- y-el-caribe).

Next, according to each country that is part of the empirical study of this research, the articles referring to abortion are presented in the current penal legislation. In the case of Guatemala, the penalty is almost total, with the only exception of therapeutic abortion. In the case of El Salvador, the penalty is absolute and without any exception, in the same way in the case of Nicaragua.

6 Table 2 Current abortion legislation in Central American Countries

Guatemala El Salvador Nicaragua Current Código Penal, Decreto No. Código Penal (1997), Código Penal (2007), La criminal law 17-73, Titulo VII, Capítulo Decreto Legislativo 1030 del Ley N° 641 de 16 de III, Artículos 133-140 26 abril 1997, Capítulo II, noviembre del 2007, (1973). Artículos 133 Capítulo II, Artículos 143 - 145 Typifications Art. 134. - Procured Art. 133. Consent and Own Art. 144 Abortion of abortion abortion. Abortion without consent Art. 135. - Abortion with or Art. 134. Abortion without Art. 145 Reckless without consent. Consent abortion Art. 136. - Qualified Art. 135. Aggravated abortion. Abortion Art. 137. - Therapeutic (by doctor, pharmacist or by abortion. people who carry out Art. 138. - Preterintentional auxiliary activities of the abortion. mentioned professions) Art. 139. - Attempt and Art. 136. Induction or Help miscarriage. to Abortion Art. 140. - Specific Art. 137. aggravation. (For the doctor)

Sourse: elaboration by the author, based on the current laws of each country.

4. AC involved in the setting agenda processes for the decriminalization of abortion demand in CA

This section presents the maps of actors and their articulated networks in relation to the process of setting the agenda for the demand for the decriminalization of abortion in the three countries included in the study. The links between the networks measure the relationships that the actors interviewed mentioned, these relationships only in terms of the involvement in the process of public or formal discussion of the demand for decriminalization or of the practices established specifically to prevent this demand from being placed on the formal agenda of the Legislative Assemblies in each State.

7 Actors map 1 Articulation of actors in the agenda-setting process for the demand for the decriminalization of abortion in Guatemala

Source: elaboration by the author based on information provided in the interviews. Created with Gephi 0.9.2 Software

The actors map in Guatemala shows that there is a dense network, in which both the promoters of the demand for decriminalization, as well as the articulation of actors against it, have close links to the decision-making agenda in the Legislative Assembly. This is the case of Convergencia, the political party that, with the main figure of Congresswoman Sandra Morán, has given way to the presentation of the only initiative that in the last two decades have the intention of generating a change in the current public policy on abortion.

However, there is a greater density on the right-hand side, as well as larger nodes, which represent organizations with greater capacity to influence in terms of the greater number of links. It should be noted that, in both cases, the organizations of the promoting coalition, as well as the organizations against decriminalization, have relations with international agencies, as well as with various media.

It is observed the articulation of the organizations that are linked around the "Association the Family Matters". According to the network, based on the links that the interviewed actors pointed out, is the key node of the articulation against the demand for the decriminalization of abortion before the formal agenda of the Legislative Assembly. Another organization that appears important in the network in this articulation is the Alliance of Evangelical Churches of Guatemala, which, together with the Episcopal Conference of Guatemala, which corresponds to the Catholic Church, have great influence

8 with the articulation of pro-life movements, religious educational institutions, international organizations and particularly in the Legislative Assembly, with key deputies who are in turn in key legislative commissions.

Actors map 2 Articulation of actors in the agenda-setting process for the demand for the decriminalization of

Source: elaboration by the author based on information provided in the interviews. Created with Gephi 0.9.2 Software

In the case of El Salvador, the network behaves differently from that of Guatemala, mainly because it is denser on the left side, that is, among the organizations that make up the coalition promoting demand. Several links can be observed in more than one political party. The relationships represented by this network specifically present the relationships indicated by the actors involved with respect to the links they have to carry out the activities and practices according to the process of constructing an agenda for the demand for the decriminalization of abortion.

Another element to highlight is the involvement of several organizations that correspond to entities of the same State, as well as the high participation of different international organizations. There are also professional organizations that seem to duplicate each other; however, there are two types depending on the positions regarding this demand. In general, there is greater dynamism in the network of El Salvador, with respect to the other countries studied in this research.

The "Agrupación Ciudadana por la Despenalización del Aborto", which works closely with the "Colectiva Feminista" (Feminist Collective), is identified as the most important organization in the articulation of organizations that make up the coalition promoting the demand for decriminalization. This demand has reached the formal agenda by interacting with several parties. Particularly the allies

9 that are part of the coalition from the Legislative Assembly, as decision makers, are Johnny Wright, who is represented as "Ex ARENA", because after presenting a bill to decriminalize two causes of abortion, the deputy became independent. Also, deputy Lorena Peña, who from the FMLN promoted the initiative to decriminalize two causes.

The articulation of organizations that are linked around a positioning against the demand for decriminalization is presented. Although this part of the network is less dense, due to a smaller number of actors, several important nodes can be observed. Particularly the Archbishopric of the Catholic Church, is a very important node with a high influence in several organizations of the counter movements. It is important to point out that there is no "edge", which means a direct link between the Catholic Church and the Legislative Assembly.

Actors map 3 Articulation of actors in the agenda-setting process for the demand for the decriminalization of

Source: elaboration by the author based on information provided in the interviews. Created with Gephi 0.9.2 Software

Nicaragua's network is the least dense of all. One characteristic that makes it very particular is the extreme division that exists between the nodes positioned in the articulation promoting the demand for decriminalization and those corresponding to the opposite articulation. In the case of Nicaragua, more than the political parties in the Legislative Assembly, the fundamental actors for the formal decision-making agenda are the Presidency and Vice Presidency. The map shows that there is only one node that operate as a "hinge" between the two extremes. The situation is very different in the other states, where the agenda-setting process is made up of several actors who have a relationship and link with both sides of the positions on the demand for the decriminalization of abortion.

10 The only node that allows connecting both spectra is the "Sandinista Renewal Movement". This was a political party until the government removed its legal status, so it made an alliance with the "Conservative Liberal Party", a node through which it is possible to link to the network of power actors, the state media, also known as officialists, The dominant party, the FSLN, the node with which it is linked to the rest of the network is "La Corriente Feminista," a long-standing women's organization made up of critics of the ruling party, which means that there is a link with the FSLN.

In Nicaragua it is also particular the conformation of this articulation, since, unlike the other cases under empirical study, in this country the feminist organizations have had a permanent confrontation against the government, reason why, as strategy, it was chosen to promote the demand for the decriminalization of the causal health for the interruption of , by means of another platform, this has been the Promoter Committee, that together with the "Strategic Group for the Decriminalization of the Therapeutic Abortion", are the main organizations that promote the demand. It is important to note that a large number of feminist organizations that are not highlighted on the map do not have a direct link to promoting the demand for decriminalization because they do not fully agree that the strategy of pursuing a single cause.

The map highlights that the articulation against decriminalization, although less dense, forceful, because at this extreme are the main actors in the articulation of power in Nicaragua, is the Presidency and Vice Presidency, whose influence on the Legislative Agenda is very high and, as noted in the chronology of policies and policy, there is an official position regarding the criminalization of abortion that arose from a particular alliance with another of the most important nodes of the network, and it is the archbishopric, particularly with the pastoral family.

5. AC strategies in the setting agenda processes for the decriminalization of abortion

The table below presents the practices and strategies identified by the key actors interviewed as strategic mechanisms for influencing public and formal agendas around the decriminalization of abortion. This table registers the practices indicated and identifies in which country it was mentioned that they are carried out. It is important to note that these advocacy coalitions have international alliances, both global and regional. In this sense, many of the activities are similar in the different countries because they are carried out as a Central American alliance.

A very relevant aspect is the absence of several practices in Nicaragua, which can be linked to the situation shown in the promoting coalition, because, due to the organization of powers, by the time the field work of this research was carried out, it resulted in an asymmetry in which the executive practically determines the formal agenda of the Legislative Assembly, as well as controls a good part of the Public Agenda due to media ownership.

11 Table 3 Strategies for agenda-setting in favor of the decriminalization of abortion in Central America

Strategies GT ES NI Links with embassies and international organizations. X X Litigation of emblematic cases at the international level in coalition with international X X organizations. Participation of the Ministry of Health in the public agenda. X Participation of the Secretariat or Women's Institute in the public agenda. X X Human shield in hospitals to defend women facing protocol of denunciation. X Promotion of the issue in alternative media. X X X Public multidisciplinary debates. X X Alliance with deputies in favor of decriminalization to promote the reform of the law. X X Promotion of alternatives to abort in the face of the restrictive context. X X X Provocation of stressors (Arrival of the boat). X Seek reform to decriminalize causes in specific age ranges. X Positioning of sexual and reproductive rights in various law initiatives. X Joint activities with cooperation agencies, embassies and international organizations. X X Production of evidence, generation of data and information. X X X Generation of reports on international human rights standards. X X Active opposition to regressive law initiatives. X X Demonstrations and social protests against acts of violence against women. X X X Demonstrations and social protests against judicial processes for the crime of abortion. X Legal accompaniment of women facing legal proceedings for abortion. X Relationship of the abortion issue with various Human Rights protocols, such as torture. X X Links with other religious denominations that support the decriminalization of abortion. X X Incidence in the educational system to impart sexual and reproductive education. X X Discourse that promotes the separation of State and Church. X X X Promotion of public policy that promotes the interruption of pregnancy as a measure of X reparation for violent acts. Integral accompaniment to women victims of sexual violence. X X X Incidence in Courts and International Organizations. X X Alliance of Central American organizations. X X X To highlight emblematic cases of women who have faced adverse circumstances due to X X X the prohibition. Alliances with activist organizations of other specific rights. X X X Performance of transgressive street performances. X X Alliance with medical associations. X X X Advocacy work with Executive entities. X X X Promotion of training for civil servants. X X Sensitization work with possible candidates for elective positions. X Alliances with organizations executing projects to strengthen democracy. X Focus on public health issues and specifically maternal mortality. X X Emphasis of the work on moral decriminalization. X Work with schools that train health resources, training them technically and within the X X X framework of human rights and women's rights.

Source: elaboration by the author based on information provided in the interviews.

12 As can be seen in the table, one of the recurrent practices in Guatemala and especially in El Salvador is to invite high-impact people to influence both the public agenda and the formal agenda. A representative of an international organization in that country pointed out that they carry out "high- level events with influencers from other countries. We invited a Colombian constitutionalist. Chilean congressmen. We had the visit of the Rapporteur of women of the IACHR. We organized high-level events to raise public awareness, bilateral meetings with decision-makers, and events directly with legislators to influence them." (EES_OI_28, 2018)

On the contrary, the situation in Nicaragua denotes a great difficulty for the promoter organizations to develop this type of strategies, a religious leader in favor of decriminalization expressed the following: "I don't know of international organizations, very little is said about the subject, and if those organizations are not adversaries, they are passive, they don't have the flag of struggle, they are more positioned in the face of sexual and reproductive rights, but when we talk about abortion they lower the tone" (ENI_LR_23, 2018).

A representative of the organizations promoting decriminalization in Nicaragua stated that "here we do not have a delegation from UN Women. UNICEF does have delegates, they are careful about the issue of abortion, they do not speak out, they have a lot of pressure and I imagine they are not going to play games and I have centuries that have not talked about sexual problems nor about girls and pregnant women because of sexual violence" (ENI_OMF_07, 2018).

Another strategy that brings together the organizations of the promoting coalitions of the three countries is the Central American alliance to promote these demands. They call themselves the "Central American Umbrella," and it is a space for the articulation of diverse organizations that work in the defense of sexual and reproductive rights and the decriminalization of abortion in Central America.

From 2015 to 2018 has had 4 moments that contextualize their work, The First Meeting of several Central American organizations with the aim of analyzing and positioning Sexual and Reproductive Rights, which took place in 2015, from which raised the need to increase advocacy, lobbying and visibility of violence in the exercise of sexual rights and reproductive rights. In 2016, another discussion meeting was held to reflect on the impulse to total or causal decriminalization. Subsequently, in 2017, several organizations became part of the Country Reports and began to participate in spaces in the region such as the Board of Directors of Population and Development, held in November, in Santiago de Chile, where it is visible and influenced from space, making it clear that the Central American region has a situation that threatens the health and lives of women, defending the need for a secular state guaranteeing sexual rights and reproductive rights. In 2018, the participation, incidence and visibility of the situation of these rights in the region is organized, being part of the National Reports, integrating Official Delegations, organizing the caucus of sexual and reproductive rights of the civil society and a parallel event; having a presence that was felt during the process. This organization decided to work on five additional issues that have an impact on these rights: Comprehensive Sexuality Education; Teenage Pregnancy; Sexual and Reproductive Health; Lay State and LGBT population.

13 6. AC strategies in the setting agenda processes against the decriminalization of abortion demand in Nicaragua

The following table presents the practices and strategies pointed out by the key actors interviewed, as mechanisms for influencing the public and formal agendas around the decriminalization of abortion, from a contrary position, that is, they are organized precisely to prevent the issue from positioning itself in the agenda-building process.

Table 4 Strategies for the agenda-setting against the decriminalization of abortion in Central America

Strategies GT ES NI Links with the most influential media. X X Public discussions with religious, doctors, politicians. X X X Links with organizations with political ends. X X Involvement in discussions of reform to laws of the electoral system and political parties. X X Incidence in the educational system to avoid the impartation of sexual education. X X Horizontal (non-pyramidal) alliance of evangelical churches (3 thousand churches X between large and small). Joint work between evangelical churches and political organizations. X X A frontal attack on the "ideology of gender" in all its manifestations and all its spaces. X X Massive demonstration with church leaders. X X Mass marches of church faithful and lay religious activist leaders (periodic). X X X Involvement of Catholic and evangelical schools and colleges for social and media X X X pressure. Exclusively religious media commenting on political issues. X X X Clinics for women who want to abort for accompaniment and dissuasion. X X X Use of social networks to position the message. X X Executive control over the legislative. X Creation of committees of notables in society to directly influence political cadres. X X X Strong link between entrepreneurial economic power and the pro-life movement. X X X Attack on international and human rights organizations. X Media attack on politicians in favor of decriminalization (particularly in elections). X Media attack on congressmen accusing them of being abortionists for the discussion of X X other unrelated issues. Influence on Judicial Branch cadres. X X Search and positioning of allies in the professional associations (medical and lawyers). X Involvement of universities with religious denomination in the discussion and X X articulation of activists. Creation of specialized careers in a bioethical perspective against abortion. X X Use of moral issues (abortion, same-sex marriage) to distract public opinion from other X issues associated with corruption. Invitation to international speakers. X Elected candidates issue public pronouncements, with a commitment to defend life and X not to approve homosexual unions. Pictures in Legislative Assembly in charge of alerting about the existence of initiatives X X X related to abortion or moral nature against. Promosion of the "Catholic vote". X Prayer groups that are planted for days outside the Legislative Assemblies. X X

14 Publication and public presentation of books containing their positions on the family and X X abortion. Virtual courses on gender ideology. X X Discourse on sovereignty. X X Promotion of regressive law initiatives as a measure to "distract" feminist organizations. X X Incidence in Courts and International Organisms. X X

Source: elaboration by the author based on information provided in the interviews.

The representatives of feminist organizations interviewed indicated that a very important strategy of the conservative groups is the formation of cadres in the judiciary, as well as in other important entities such as the bar association and notaries, in such a way that, from universities, particularly those linked to evangelical churches, they have a strong influence in groups of judges, magistrates and, therefore, in the nomination commissions for these positions.

In the highlighted information of the interviewees, the role of the universities is of great importance. In the case of Guatemala, the San Carlos University, which is the public university, has an important articulation in different power centers. On the other hand, private universities with some religious inspiration also generate strategies of influence and power around transcendental sessions for the country in general and, particularly, actively influence the articulation of decisions around issues such as the decriminalization of abortion. The UNIS, linked to Opus Dei, is highly related to youth activist organizations that call themselves Provida. Thus the University Mariano Gálvez, related evangelical churches, also relates in this type of organizations.

Activist organizations against the decriminalization of abortion point out that they maintain alliances with different churches, the two main ones being a Catholic Church and the alliance of evangelical churches. However, for diverse mechanisms of activism such as mass marches and organization in social networks, they also count on the participation of the Mormon Church, as well as the Jewish community, especially in the contexts of Guatemala and El Salvador.

By identifying the Catholic Church as an ally, the organizations that call themselves Provida identify mainly the episcopal conference and mainly Opus Dei, which in turn is associated with educational organizations such as private religious denomination colleges as well as universities.

In El Salvador, as in Guatemala, Pro-Life groups weave alliances with civic organizations for political ends that are generally not political parties. In the case of Guatemala, the National Civic Movement is an example, in the case of El Salvador, the Movimiento 300. In Guatemala we observe the formation of organizations to promote public policies, such as Familia Desarrollo Población (FADEP), which is "a civil, scientific, non-profit association dedicated to promoting research and dissemination of demographic and economic studies in their relationship with the development of Guatemala, Proposals aimed at defending the family, freedom and dignity of the person. FADEP seeks to be in Guatemala the key source of information for decision making involving aspects of family and population, managing to influence the country's public policies" (FADEP, 2018).

15 A linked organization, created specifically for activism in the decision agenda, through its interviewed representative, mentioned that one of its purposes is "to advise deputies on the drafting of legislative initiatives, as well as argumentation for issuing commission opinions" (EGT_OPV_19, 2018). Likewise, they clearly establish which are the initiatives of law of their competence "those that have to do with the family, whether they promote it or restrict it because they attempt against the values that we believe it has" (EGT_OPV_19, 2018). As another initiative of Congresswoman Sandra Moran, Gender Identity Law, which we consider attempts against the education of parents because it proposes operations to change sex to minors" (EGT_OPV_19, 2018).

In Nicaragua, religious activities are strongly linked to the , and there is a recurrent activism around the manifestation of her bid against the practice. A religious leader from that country who was interviewed said that "the bishops promote each year on the feast of the Incarnation of Jesus, which is March 25, may vary if it falls in the week of Holy Week, that day is promoted a march for life, every year" (ENI_LR_22, 2018).

The map of actors in El Salvador also shows the strong religious influence on the agenda-setting process. Within the conservative field highlights the high influence that has the Catholic Church and in particular its hierarchy i.e. the archbishopric between the interviews made solutions specifically to two groups in particular this are Opus Dei and the legionaries of Christ.

7. The gender regime in the AC strategies

In the analysis of empirical information, power relations are highlighted as an element that places those who are in favor of decriminalization and of women's sexual and reproductive rights (particularly women's movements) at a disadvantage with respect to those who are against it. As evidenced by the analysis of the articulation of the actors involved in the agenda-setting processes, elaborated from the elaboration of the maps of actors and networks in each country, the coalitions against promoters have more connections, with more actors of high influence capacity in the governmental arena.

Likewise, in the recount of practices, it is observed how, in addition to those that are a reaction to the activities and strategies of the coalition promoting decriminalization, the coalition against promoter has developed practices that are more action than reaction, which means that the actors that promote decriminalization have to react. This was particularly true in El Salvador and Guatemala, where bills to increase abortion penalties were introduced.

The maps of analysis of the networks of influence among actors in the countries show that in the case of Nicaragua, there is less possibility of influence on the part of the promoters of demand, since the network that resists change has such a closed system that, at the time of the investigation, the contour of the Legislative Assembly is sealed, not pointed, as in the case of Guatemala and El Salvador, which represents that there is greater capacity for contingency, permeability, therefore, that there is a window of opportunity that the promoters of demand can take advantage of.

16 In all three cases, the advantage that coalitions against promoters have of influencing resistance to change at the level of the formal agenda and specifically of decision-making, is associated with the existing link between actors who are actively against decriminalization and religious actors, who personally and institutionally, have great influence on decision-makers.

Applying a comparison of the three agenda-setting processes of the empirical study of this research, it is identified that the demand-promoting coalition to decriminalize abortion causes in El Salvador has achieved links in quantity and quality (in terms of influence capacity) that lead to a denser network, with closer and narrower links, which augurs that, at the time of the research, it was the case with a greater opportunity to alter the stability of formally instituted policies in force. This is also associated with the fact that this case presents the greatest number of detonating moments, as well as an activism that is directed at the executive and the judiciary as well as the legislature. It is also the case in which criminalization has become the most extreme of the three countries, with the most controversy regarding the judicial processes that have been carried out. In the other two cases, although the legal restrictions are drastic, no evidence of legal proceedings for abortion was found, which does not imply that the situation in hospitals is not adverse to women.

8. Partial conclusion: AC against decriminalization has achieved stability of anti-abortion policies

That the advocacy coalitions, consider as the entrepreneurs of the demand for the decriminalization of abortion, develop strategies to achieve politics promoting coalitions with government actors. However, the alliances that are against this demand have greater influence in the state arena, which is associated with the historically close relationship between the State and Churches in these contexts

In the countries studied, a dominant narrative has prevailed that limits sexual and reproductive rights. The case of the agenda setting processes to position the demand for the decriminalization of some causes denotes how, although there are reform attempts towards decriminalization, the alliances against them are activated and generate coalitions against promoters that have more success in the formal arena, achieving stability in the anti-abortion policy.

Table 5 shows a synthesis of how the anti-abortion narrative has been dominant, instituting criminalization and leading the processes of decriminalization in the legislative assemblies to failure in terms of reaching the decision agenda and the reform of penal codes.

However, despite the few opportunities for reform presented by the context, civil organizations persist in promoting this demand and each process of presenting a bill, even if it does not reach the decision agenda in the Legislative Assemblies, it opens the debate in the arena of the governmental agenda and this serves as a platform to constantly position the issue in the public agenda, thus taking advantage of the opportunity for what the interviewees call "moral decriminalization", identified as a necessary requirement to promote change.

17 Table 5 Summary of the situation regarding policies to address abortion in Central America

Guatemala El Salvador Nicaragua

Year of approval of 1973 Penal Code 1997 Penal Code 2006 Penal Code Reform penalization policy Reform

1999 Constitution Reform

Decriminalization 1bill: Law of 2 bills: 2 bills: processes integral protection of the girl child - “4 causals” – FMLN “health causal” – PLC (2010) Org of civil society and Sandra Morán (2017) “2 causals” –ARENA* "Citizens' initiative to decriminalize pregnancy (2017) termination for health reasons" - Promoting Committee (2016)

Social context Little debate, moral High debate No debate. Ortega-Murillo arguments command Women prisoners Women die Women die No culture of Moral decriminalization denunciation High culture of process denunciation High implication of counter-movements High implication of counter-movements

Political context Political Speech to Political-electoral Covenant Strategy with Cover Up Corrupt benefits Churches Interests

Source: elaboration by the author based on information provided in the interviews.

It was found that an issue such as abortion has distinct elements that require an analytical framework that contemplates particular explanations of the type of issues or issues in the agenda processes. In addition, in these contexts, it is possible to track in at least two decades as suggested by policy studies, the political and policy decisions around this issue and identify that, despite the different policy regimes of the three, the result in addressing this issue has maintained some stability in the constraint, in cases where changes have occurred, have been towards greater restraint and, fundamentally, all three present attempts to decriminalize causal.

18 From the feminist perspective, the analytical category of the gender regime is an element that makes it possible to identify how, from the various institutions, in this particular case the State and its institutional scaffolding for social order, a dominant position is produced and reproduced with respect to the character and behaviour that people owe according to their sex. This analytical category makes it possible to explain why there is interaction between politics and policies so particular to this issue in these contexts.

The gender regime constitutes the practices, subjectivities and discourses of the actors and institutions involved in the process of constructing an agenda for the demand for the decriminalization of abortion in Central America. Although there are several in dispute, the gender regime based on the perception of women associated with their role as mothers has predominated, making abortion a crime that is criminalized, which implies that there is no structure of political and legal opportunity for reform.

Although the context is restrictive and the political and policy structure does not favour the possibility of reforming existing policies, some attempts at change are identified in these contexts. Promoters of the demand for abortion legalization develop strategies in which they build advocacy coalitions with government actors. However, opposing alliances have greater influence in the state arena, which is associated with the historically close relationship between the state and churches in these contexts.

During the last two decades, attempts at change have managed to position the demand for the decriminalization of abortion in the public agenda and in some spaces of the formal agenda such as the systemic and institutional agenda. However, it has not reached the decision-making agenda and, therefore, there has not been a change in restrictive abortion policies that tends to decriminalize causal causes, but on the contrary.

Regarding the argument of coalitions, in which it is stated that alliances that are against decriminalization have greater influence in the state arena, which is associated with the historically close relationship between State and Churches in these contexts, it was found that in the articulation of coalitions in conflict, In a context of close relations between the State and Catholic and Evangelical churches, they have a more favorable network to maintain a position against decriminalization and impede the possibility of change.

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