1 El Salvador Update May 2013 By Linda Garrett Summary

El Salvador Update
May 2013
By Linda Garrett
Summary:
President Mauricio Funes ended the fourth year of his five-year term with a rousing address to the
National Assembly on June 1st. He lauded the achievements of his administration, lambasted
ARENA, and interestingly gave only passing mention to his controversial public security policy,
which has been under fire for the past month. By the end of May, the future of El Salvador’s gang
truce - which has resulted in a dramatic and continual reduction in homicides for the last fourteen
months – seemed uncertain, after a series of seemingly unrelated events unfolded that could derail
the peace process. For their part however, El Salvador’s Mara Salvatrucha and Barrio 18 gang
leaders remain committed. “We aren’t perfect,” one leader said, “but we are doing everything
humanly possible…We aren’t thinking about taking even one step back.”
At the end of his fourth year, President Funes enjoys an unprecedented public approval rating of
76%, according to a CID-Gallup poll. By comparison, the five previous presidents saw ratings
ranging from 24%-42% at this stage in their administrations. During the next 12 months, President
Funes could dedicate this significant political capital to legislation that will secure the peace process
and important social programs. He could also leave an inestimable legacy by ensuring the repeal of
the 1993 amnesty law and justice for the victims of war crimes.
When the president met with Pope Francis in Rome on May 23rd to discuss the path to sainthood
for Archbishop Óscar Arnulfo Romero, he was told, “You must have faith.” The beatification
process for another murdered priest, Father Rutilio Grande was also mentioned. Rutilio Grande,
who dedicated his life and work to the poor, was assassinated by El Salvador’s National Guard in
1977.
Finally, good news arrived for the 212,000 Salvadorans in the United States who have benefitted
from the Temporary Protected Status (TPS) program. A ninth extension was granted, giving the
212,000 beneficiaries legal status for another 18-months. The TPS program, which allows
undocumented immigrants from specific countries permission to work, was first authorized for
Salvadorans following the 2001 earthquake.
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El Salvador Update
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Center for Democracy in the Americas
Security:
“The truce has not produced the benefits that the honorable
and hard-working population hoped for.”
Episcopal Conference of El Salvador
After maintaining a hands-off policy toward the gang truce for over a year, President Funes publicly
took ownership of the truce in Washington on April 19th calling it an opportunity that cannot be
lost. He announced a significant investment by El Salvador’s government to “institutionalize” the
peace process, and asked for international support.
Within weeks of that speech, a series of events occurred that seem intended to obstruct the process.
By the end of May, nearly everyone involved in the truce found themselves embattled and key
figures lost their positions.
On May 12th, the Episcopal Conference (CEDES) released a letter questioning the “credibility and
sustainability” of the truce, which is based on “dubious mathematics.” The document was read by
Auxiliary Bishop Gregorio Rosa Chávez, a staunch critic of the truce. He went on to clarify the
position of the Church in regards to the process: “The idea was sold that the church was a promoter
of the truce…but Monseñor Colindres acted personally and for humanitarian reasons.” The
document was signed by all 12 bishops, curiously enough including Bishop Colindres, the vicepresident of CEDES. The Bishop later said he did not see a draft of the document before it was
published. His signature was apparently a facsimile.
“Why now, when we have a truce that has had positive results
and when the public security situation is so complicated?”
FMLN Deputy Benito Lara
Five days later, the Constitutional Chamber of the Supreme Court handed down its long-awaited
ruling on the appointments of retired generals David Munguía Payés and Francisco Salinas as
Minister of Justice and Security and Director of the National Civil Police (PNC). Challenges to the
appointments, based on the military background of the retired officers, were filed with the court in
February of 2012. Fifteen months later, the Court ruled that the appointments of military officers to
head public security institutions are unconstitutional, “effective immediately.” Based on El
Salvador’s Constitution and the Peace Accords, the judges determined that “military formation is
incompatible with the new doctrine of public security.”
President Funes immediately announced he did not agree, but would abide by the decision. He
criticized the Court saying, “Behind this is a clear anti-military vision….The Armed Forces today is
not the repressive institution of the past.” And he described the ruling as “a blow” to his public
security strategy.
Non-governmental organizations, ARENA deputies, and Tony Saca all applauded the ruling, while
editors of the conservative La Prensa Gráfica which has been very supportive of the rulings of the
combative and independent court described it as “crossing the limits of what is reasonable,” adding,
“The use of subjective criteria is a risk to moderation and balance” in decision making.”
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El Salvador Update
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Center for Democracy in the Americas
After serving 542 days as Minister of Security, David Munguía Payés left his post saying, “I fulfilled
my duty and I leave with my head high.” When he was appointed in November 2011, he promised a
30% reduction in homicides and because of the truce, there has been a 52% drop. Munguía Payés
described the ruling as “humiliating for the Armed Forces” and said it “prohibits military officers
from participating in diverse facets [of national life]…It is a dangerous ruling.” The Constitutional
Court judges later issued a statement denying any “anti-military” bias, and justifying the delay in
ruling due to the “complicated political situation” last year.
Borromeo Enrique Henríquez Solórzano, “El Diablo,” speaks at a press conference in Mariona Prison, May 2013.
Source: Linda Garrett
“We extend our greatest gratitude for the wise and courageous work
they have carried out in support of peace in El Salvador.”
Communique from gangs and other truce participants
The day following the court ruling, gang leaders and representatives of non-affiliated prisoners’
organizations held a press conference in Mariona Prison. “Diablo,” Borromeo Henríquez Solórzano,
of MS read a statement describing the ruling as part of an effort to destroy the peace process, but
affirming “this type of low blow will not make us suspend our decision… we will continue
contributing to ending the problem of violence, with more and greater gestures of good will.”
Thanks were given to David Munguía Payés and Francisco Salinas “for their enormous support” and
to truce facilitators Bishop Colindres and Raúl Mijango. “They will be remembered for having
transformed the face of El Salvador.”
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El Salvador Update
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Center for Democracy in the Americas
On May 28th, President Funes announced his new security team, the third of his administration. He
designated Munguía Payés as “Presidential Adviser on Pacification,” though it is not yet clear if the
former minister will have actual authority over policy or the direction that policy will take. Ricardo
Perdomo, an economist who served with the Duarte government (1984-89), and most recently as
the director of the Office of State Intelligence (OIE), was named Minister of Security. Former Police
Chief Francisco Salinas was moved to the OIE and the Director of Migration was named head of
the PNC. Rigoberto Trinidad Pleités Sandoval, the new head of the PNC, is an electrical engineer
with no public security background.
Another shake-up occurred two days later, following the unprecedented participation of two of the
top gang leaders in a live interview broadcast on television and radio from the Baptist Tabernacle,
the country’s most influential Evangelical church. With the permission of Nelson Rauda, the
Director of Prisons, the two men were brought from their prisons to the church in chains, where
they stood before a live audience of 7,000 people. The chains were removed and they participated in
a comfortable one-hour discussion with the pastor “Toby, Jr.”.
The response was swift and brutal; within 24 hours, the new Minister of Security Perdomo fired the
Prison Director and prohibited any further permission to leave the prisons, to give interviews or
hold press conferences. “All privileges will be ended,” he said. The Attorney General also
announced he will investigate the participation of truce adviser Paolo Lüers and Vice-Minister of
Justice Douglas Moreno in this “illegal” activity.
Meanwhile, Attorney General Luis Martínez has been a constant and vociferous critic of the truce,
often calling it “false and hypocritical.” For him, it’s hypocrisy, Raúl Mijango, who is a chief
mediator in the truce effort, once responded, “for us it’s a process.” The confrontation between the
two became increasingly bitter after Mijango reported information of an alleged plot led by Martínez
to discredit him. When Mijango offered to meet, the Attorney General replied that he was much too
busy to meet with “a loudmouth, buffoon and liar.”
Francisco Salinas, David Munguía Payés, and Nelson Rauda at press conference on March 16, 2013. Source: El
Faro
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El Salvador Update
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Center for Democracy in the Americas
Thus, by the end of May, three institutional supporters of the truce and peace process were fired,
attempts were made to discredit the three non-governmental mediators, and the incarcerated gang
leaders no longer had access to the press or visiting delegations. The U.S. has long-opposed the
truce and predicted its imminent failure. A strong commitment from President Funes, the mediators,
gang leaders and the OAS will be necessary to keep it on track.
“In life, everything is negotiable except faith and morality.”
Bishop Romulo Emiliani, San Pedro Sula, Honduras
Yet, there were also positive developments during the month. Two more communities joined the
“Violence-Free Municipalities” initiative -Nueva Concepcion, Chalatenango and Ciudad Delgado,
San Salvador- and gang members in two prisons made symbolic handovers of illegal items.
The map below shows current “Violence-Free Municipalities,” and can be found and shared online here. CDA will
be updating the map as the peace process continues to develop.
The Ministry of Security released the results of a census taken in 2012 in 184 of the 262
municipalities of the country. According to the survey, gang membership increased by 134.6% over
the five years prior to 2012. There are six main gangs with 1,955 “cliques”; each clique has a
minimum of 15 members for a total of 29,325 hardcore members. Based on the data obtained with
this still-incomplete census, the Ministry believes that 11% of the population – 660,000 people – is
tied to gangs, among them gang members and dependents, some of whom also participate in illegal
activities such as collecting extortion money. As of May 25th, 9,955 gang members were incarcerated.
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El Salvador Update
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Center for Democracy in the Americas
Incarcerated gang members in Cojutepeque prison Source: Linda Garrett
The public is still highly skeptical of the truce, but the results of the recent survey by the University
of Central America’s Public Opinion Institute, IUDOP, show a slight shift. When asked, “Has the
truce reduced crime?” 42.5% of survey participants responded “not at all,” but a total of 56.2% said
“a little”, “some”, or “a lot.” To the question, “Do you believe the violence-free-municipalities will
reduce violence?” 27.7% responded “not at all,” while a total of 71.2% said “a little”, “some” or “a
lot.” Asked if they had been victims of crime during the past 12 months, 23.6% said yes.
In Honduras, San Pedro Sula, the most violent city in the world, may replicate the Salvadoran peace
process. According to Honduran Bishop Romulo Emiliani, imprisoned gang leaders are considering
a truce and process similar to the Salvadoran model with government facilitators, the Church and
the support of the OAS. The process will be even more difficult than in El Salvador, Bishop
Emiliani warned: “I am just a mediator. I don’t sell illusions, I promote possibilities…They have to
be given an opportunity.”
Politics:
“ARENA is a devil’s cauldron, a roiling sea of passions, intrigues and ambitions.”
Kirio Waldo Salgado, conservative analyst
“They are finishing each other off.”
President Mauricio Funes
There was another shake-up in ARENA this month, as the party struggles to come together around
its faltering presidential candidate, Norman Quijano, and to prevent any further desertion from the
party by deputies and mayors. One legislator announced his decision to vote independently, though
not resign. Meanwhile, ARENA’s representative on the Supreme Electoral Tribunal has acted as an
agent provocateur, criticizing the party and praising UNIDAD candidate Tony Saca.
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El Salvador Update
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Center for Democracy in the Americas
The campaign has been taken over by powerful business leader Ricardo Poma and the so-called
“Group of 20” (G-20) businessmen - many of whose names are familiar from the ARENA of the
1980s. Former President Francisco Flores, a close ally of Poma, was appointed Campaign Director.
By the end of the month, a new public relations campaign was in full swing, with television ads
slightly more militant and with less of a soft glow. Instead of a warmly smiling Norman Quijano, the
new ads appeal to the pride of the historic ARENA base, featuring ARENA flags, and marchers
shouting: “The time has come…We are here for the country…Together we are going to recover El
Salvador!”
For his part, Norman Quijano once again shifted position on the truce. Last summer, he opposed
the truce; yet on May 1st, he declared his support, calling for transparency and “robust institutional
support.” By the end of the month, he accused the government of “empowering crime with the
truce” and claimed the people “feel abandoned” by the police.
Meanwhile, we present the results of polls taken this month, listed from early May to the most
recent. While most of the polling shows a close race, a recent UCA Public Opinion Institute
(IUDOP) survey gives the FMLN a sizeable lead.
JBS/ Diario de Hoy (5/3):
Candidate
Norman Quijano
Tony Saca
Salvador Sánchez Cerén
Party
ARENA
FMLN
Others
% Support
30.1
28.6
25.3
% Support
28.0
24.6
7.4
CIOPS/ Technological University (5/21):
Party
ARENA
FMLN
Others
% Support
29.1
26.6
14.0
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El Salvador Update
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Center for Democracy in the Americas
IUDOP/ University of Central America (5/28):
Candidate
Salvador Sánchez Cerén
Tony Saca
Norman Quijano
Party
FMLN
ARENA
GANA
% Support
36.9
28.0
24.0
% Support
44.1
25.0
12.9
In the event of a run-off election:
Candidate
Salvador Sánchez Cerén
Norman Quijano
% Support
43.6
42.0
Candidate
Tony Saca
Norman Quijano
% Support
39.2
31.0
Candidate
Tony Saca
Salvador Sánchez Cerén
% Support
42.8
42.5
Candidate
Norman Quijano
Salvador Sánchez Cerén
Tony Saca
% Support
31
31
22
CID- Gallup (5/30):
Party
FMLN
ARENA
GANA
% Support
31
30
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El Salvador Update
May 2013
Center for Democracy in the Americas
Human Rights:
Women
“Beatriz has the right to decide about her life…Beatriz is not alone.”
President Mauricio Funes
“This case should not be used to legislate against human life.”
Episcopal Conference of El Salvador
After months of intense national and international debate, the woman known as "Beatriz" delivered
her 27-week old baby by Caesarean section. The baby, a girl, died five hours later.
On April 16th, Salvadoran doctors refused to perform an abortion on a high-risk patient, a 22-yearold woman known as “Beatriz.” Then 19-weeks pregnant with her second child, Beatriz is from a
poor rural community in Eastern El Salvador. Her health problems – lupus, kidney failure, and
anemia - were compounded by the fact that the fetus was anencephalic and would die during or
shortly after birth. Doctors at the Maternity Hospital recommended a termination of the pregnancy
based on her health, the health of the fetus, and the complications she had during her first
childbirth. However, their hands were tied as a result of the 1997 legislation that ruled abortions
illegal under any circumstances.
El Salvador is one of the few countries that criminalize abortion when the life of the mother is at
stake. The case has pitted the doctors at the Maternity Hospital, the Minister of Health, women’s
organizations, Amnesty International, the United Nations, Human Rights Watch, the InterAmerican Commission on Human Rights and the Inter-American Court against the Catholic
Church, the Institute of Legal Medicine (IML) and assorted pro-life groups. Auxiliary Bishop Rosa
Chávez lamented Beatriz’s situation, but criticized those who “have an agenda that looks for
emblematic cases.”
The court ordered medical personnel from the IML to examine Beatriz, and the IML pronounced
that she was in no danger. The Minister of Health disagreed. Weeks passed. One month after her
original request for an abortion, the Supreme Court heard the case, and Beatriz was forced to testify.
The Court announced a decision would be made in fifteen days. Meanwhile, Beatriz languished in
hospital, an unwilling celebrity. “I don’t want my daughter to die,” her mother said, “She needs help
now, not when her condition worsens.”
On May 29th, the Constitutional Chamber of the Supreme Court issued its decision, 4-1, with judges
ruling that, based on the IML examination, her life was not in imminent danger and that “the rights
of the mother cannot be privileged over the fetus.” Victor Hugo Mata, Beatriz’s lawyer, decried the
ruling: “The court placed the life of an anencephalic baby over Beatriz’s life.”
However, the Minister of Health believes the ruling was misinterpreted. Read very carefully, Dr.
María Isabel Hernández said, the ruling actually supports the right of the medical team to make the
final decision, with Beatriz and her family.
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El Salvador Update
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Center for Democracy in the Americas
The public ordeal is over, but had Beatriz been a woman of means, this tragic situation would not
have occurred. She would have found a private doctor willing to do the procedure, or traveled
outside the country. Sara García, spokesperson for the coalition that filed the case with the Court,
lambasted the ruling “by a group of men” who “are condemning to death a young woman, a woman
who lives in poverty.”
Meanwhile, there was some good news for women this month. Luís Edgardo Arevalo Villatoro, an
employee of the National Assembly, was convicted of assault against his girlfriend and sentenced to
six years in prison. The incident occurred last year, and was followed by threats against the victim.
Nonetheless, she gave testimony that proved key to the conviction, according to prosecutors. “This
is the time to end violence against women,” prosecutor Amilcar Tamayo said in response to a
defense attorney’s remark that domestic violence is “normal,” and the case should be “irrelevant.”
The case is “a good message for victims,” Tamayo added, “they can have confidence that the system
is responding to them.”
War Crimes
The Yellow Book
A hidden document discovered three years ago provides the first evidence of the fate of some of the
approximately 8,000 people who disappeared during El Salvador’s civil war. It also sheds light on the
shared responsibility of the army and security forces in those disappearances and executions.
The 270-page document dated July 6, 1987 contains the names of 1,975 people apparently captured
and executed during the preceding decade. The list is alphabetized, each entry identified by name,
photo, organization, pseudonym and role, for example as a member of the organization, a member
of the militia or someone involved in political work.
Carlos Santos, president of the Salvadoran Association of Torture Survivors (ASST), has
investigated thirty of the cases and told Edgardo Ayala from La Jornada the story of Carminda
Lizbeth Castro. Carminda, a member of the National Resistance (RN) one of the five member
organizations of the FMLN, was 22 when she disappeared in February 1982. According to her
father, Ricardo Castrorrivas, she was taken by heavily armed men in civilian clothes (“death squads”)
to the National Police. She was never heard from again.
Edgardo Ayala interviewed retired General Mauricio Vargas, who dismissed the authenticity of the
document, saying he had never heard of anything like it “during the 32 years of my military career.”
Vargas suggested that it could just be a list of those who died in combat.
The Salvadoran Human Rights Commission announced several months ago that it would soon
publish a document based on survivor’s testimonies describing methods of torture used during the
war against opponents of the government.
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El Salvador Update
May 2013
Center for Democracy in the Americas
Economy:
“The mother of all the laws”
Alex Segovia, Technical Secretary of the President
“Sell-outs!”
Protesters
A source of heated debate for the past year, the public-private partnership law (LAPP) passed
unanimously on May 24th, as worker and student protesters outside shouted “sell-outs!” to FMLN
deputies.
Passage of the LAPP was a strategic goal of the U.S. Partnership for Growth initiative, and believed
by many to be a precondition for the second Millennium Challenge Corporation (MCC) grant,
known as FOMILENIO 2. The rumor was frequently denied by U.S. Ambassador Mari Carmen
Aponte. She did, however, strongly urge passage on the basis that the law would create a better
climate for investment.
On May 14th, the conservative Diario de Hoy published a letter from Reps. Matt Salmon (R-AZ) and
Albio Sires (D-NJ) – the Chairman and ranking Democratic Members of the House Foreign Affairs
Subcommittee on the Western Hemisphere – to the MCC, congratulating the board for
“postponing” implementation of the second compact and expressing consternation at the “lack of
compliance by the Salvadoran government” and at “corruption by public officials.” The two signers
wrote that the Salvadoran government showed “insufficient interest in the opinions of the private
sector.” The U.S. Embassy and MCC quickly responded with a letter denying a postponement of the
grant, clarifying that the MCC recently approved $2.94 million for additional feasibility studies. A
final determination will be made in September, according to the Embassy letter. In addition to the
proposal itself, approval will be based on the MCC criteria of governance, economic freedom and
public investment.
The FOMILENIO 2 proposal for $300 million calls for development of the coastal zone, including
huge infrastructure projects: modernization of the international airport and upgrading of the Puerto
La Union harbor, both deemed impossible without private investment.
Salvadorans have had unfortunate experiences with privatization. Under ARENA administrations in
the 1990s, banks and utilities, including the water and power companies, were privatized and
purchased by the country’s economic elite, who were then running the government. Some were sold
off to foreign investors, including the geothermal energy company, LaGeo, which was sold to an
Italian firm in 2002.
The FMLN strongly opposed the LAPP, but in the end voted for it, with the addition of
amendments to protect vital institutions including education, health care, the prisons, public
universities, Social Services and potable drinking water from privatization. As FMLN presidential
candidate Salvador Sánchez Cerén noted, the party’s ALBA (Venezuelan oil and gas) project is itself
a public-private investment. That, along with the amendments, did not reassure organizations
representing the economic and environmental interests of communities of the Bajo Lempa in
eastern El Salvador. The groups, traditional supporters of the FMLN, denounced the party for
backing neoliberal measures and promised to “defend life and territory until the ultimate
consequences.
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El Salvador Update
May 2013
Center for Democracy in the Americas
Recommended Reading:
“The Drug Problem in the Americas.” Organization of American States (OAS).
“Washington: A Refuge for Friends of El Salvador Drug Trafficker.” Héctor Silva Ávalos. InSight Crime.
“El Salvador Invierte más en seguridad y justicia.” Banco Mundial
“U.S. / El Salvador: A Common Ground for Partnership.” Ambassador Ruben Zamora, Miami Herald.
Recommended Viewing:
“El Salvador seeks to reform gang members.” Al Jazeera English
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