El Salvador Perspectives

The month of June has seen a surge in the conflict over the water crisis in El Salvador and what steps are necessary to solve it. This dispute has persisted without resolution for many years in El Salvador, but recent changes in power in El Salvador may be giving business interests an opportunity to enact their favored legislation. Four days after the June 1 start of a new National Assembly dominated by parties of the right, the Assembly's Commission on the Environment and Climate Change  announced that it would proceed  with discussions of the “Ley Integral de Agua"  (Comprehensive Water Law).  The Commission made no mention of a proposed "General Water Law" which has been advocated for years by environmental groups, the Catholic church and the University of Central America.  After the conservative coalition of parties achieved a super majority in the March 4, 2018 elections, the prospect that they could pass the "Ley Integral" is now very real.  The Ley...

Eleven days after charges against the Suchitoto 13 were reduced from terrorism to public disorder, the charges were completely dismissed today by a judge in Suchitoto. It was a somewhat curious end to this case where demonstrators were originally facing 60 years in prison -- the charges were dropped after nobody from the prosecutor's office showed up in court for the hearing. According to El Faro , the representative of the prosecutors' office arrived minutes after the judge dismissed the charges, blaming his late arrival on car problems along the highway. The prosecutor indicated his office would need to decide whether to appeal the dismissal.

On Friday, February 8, the prosecutor in the case of the "Suchitoto 13" announced that the charges of terrorism were being reduced to charges of "public disorder." The case arises out of demonstrations against President Saca's water policy in the town of Suchitoto on July 2, 2007. Thirteen people, including leaders of CRIPDES, a Salvadoran NGO, were arrested and charged with committing acts prohibited by El Salvador's Anti-Terrorism law. A couple of comments about this development. With respect to some of the activities shown on video from that day in the Suchitoto area, "public disorder" could appear to be an appropriate charge. Throwing stones at police, tire burning to block public roads, are activities for which a government can legitimately make arrests. However, it is not clear that any of the persons arrested were the stone throwers or the tire burners. I have never seen a listing of specifically what each detained person was accu...

National Public Radio in the US had two well-done stories about El Salvador this week. The first story ( link ) is about the anti-terrorism law and the arrest of the Suchitoto 13. The second story ( link ) is about migration into El Salvador from Honduras and Nicaragua due to labor shortages in El Salvador caused by Salvadorans migrating to the US.

With the votes of ARENA and the right wing PCN deputies, the National Assembly approved today a change to El Salvador's penal code to increase the penalty for "public disorders" to 4 to 8 years in prison. Proponents of the measure want to use it to punish participants in events such as the looting and destruction of property which happened during street vendor disturbances last May 12 . Previously the government had been using its anti-terrorism law to punish such actions. Advocates for social change in El Salvador worry that this legislation, like the anti-terrorism laws, will be used to repress legitimate popular protests in the streets. Where does "popular expression of opposition to the government" leave off and "public disorder" begin? Let me suggest an answer to my own question. Civil society and other organizations which take to the streets in protest must also be outspoken in denouncing violence, looting, and rock throwing whenever it...

The 9 detainees who remained in prison were ordered released today on conditional liberty. 4 others had been released last week. The defense had been able to convince the court that the defendants had family, home and work roots in the community and were not a risk to disappear before trial. Note, however, that this release does not drop the terrorism charges against those arrested with the possible stiff prison terms. On July 19, the office of the Human Rights Ombudsman (PDDH) issued its report on the July 2 events in and around Suchitoto. A copy of the report can be downloaded here . Among his findings: (1) the riot police failed to attempt to mediate a peaceful resolution to clear the streets and instead used disproportionate force against the those gathered in protest; (2) the presence and actions of the armed forces violated the limits set out in El Salvador's post civil war constitution; (3) the arrests were illegitimate and the anti-Terror law should not apply to suc...

Eight and one half months ago, president Tony Saca established a special Commission of Citizen Security and Social Peace, made up of representatives of all 5 political parties as well as representatives of churches, business and universities. Two weeks ago, the Commission issued its report titled Security and Peace, Challenge of a Nation: Recommendations for a Policy of Citizen Security in El Salvador. The report contains 75 consensus recommendations, summarized in El Faro . Among them: Expansion of gun control rules, Revision of the criminal and juvenile codes, Greater financial support and control of the National Civil Police (PNC), Re-engineering the prosecution and police institutions devoted to fighting crime, greater emphasis on prevention, Providing a more active role for local governments. But I don't think certain legislation to be introduced in the National Assembly next week was part of the recommendations of the Commission. Tony Saca confirmed that his security cab...

Marchers took to the streets this week to demand freedom for the "Suchitoto 13" who are now being called political prisoners. In addition, respected human rights organizations have issued statements and reports on the protests on July 2 outside Suchitoto and the subsequent prosecution of 13 persons under the new Anti-Terrorism law. Tutela Legal, the human rights office of the Catholic archbishop in San Salvador, investigated and released a report on the events in Suchitoto. The report is harshly critical of the actions of the government finding that: There was a disproportionate use of force by the riot police. The armed forces were used in violation of the consitution in an internal security matter with an intention to arbitrarily dissuade legitimate social protest. The arrests made were arbitrary and unjustified. Physical and psychological torture was exacted on those arrested. "The agents of the police and high officials who ordered the arbitrary use of force agai...

A bloody street protest one year ago led to the passage of an Anti-Terrorism Law in El Salvador. The alleged cop-killer in the disturbances outside of the University of El Salvador has been arrested, and the Anti-Terrorism Law is being used -- to prosecute protesters demonstrating against the government's water policy. The Salvadoran blogosphere has had much to say about this turn of events. On the 5th of July 2006, a demonstration outside the University of El Salvador turned deadly violent as a sniper shot at riot police, killing two and wounding several more. (In the Salvadoran media that day's events are now known simply as 5-J). After a year long manhunt, the alleged sniper Mario Belloso was apprehended on July 2, 2007, with an orgy of media coverage in the Salvadoran press which has yet to end. The aftermath of Belloso's capture has journalist blogger Jorge Ávalos concerned. Soon after the capture, he notes that ruling ARENA party officials were trying to make ...

Video captured from Salvadoran TV news has now appeared on YouTube making it possible to view some of this week's events: Protests in Suchitoto . This video footage shows scenes of the confrontations between riot police and protesters on the outskirts of Suchitoto on Monday, July 2. Capture of CRIPDES Leaders . This video footage shows a police patrol which overtakes, stops and detains CRIPDES leaders and their driver outside of Suchitoto. Aggressive police action . This video footage shows the confrontation between riot police and demonstrators including footage of several arrests. Reports from El Salvador indicate that those detained are being charged under the new anti-terrorism law. You can read an update from the organization US-El Salvador Sister Cities at this link . Capture of Mario Belloso . This video shows some of the news coverage of the arrest of fugitive Mario Belloso. Interrogation of Mario Belloso . El Diaro de Hoy has this video of segments of the questioning...

Demonstrations to protest the water privatization policy of El Salvador's current government resulted in clashes with riot police outside of the city of Suchitoto on Monday. On Monday, president Tony Saca was scheduled to travel to Suchitoto to give a speech and initiate a project for "decentralization" of water systems, which many understand as the piecemeal selling off of water systems to private businesses to run. According to coverage in La Prensa Grafica , demonstrators blocked access on the roads leading into the city. Various units of then anti-riot police (Unit for the Maintenance of Order "UMO") arrived to clear the roads. Tear gas and rubber bullets were launched at demonstrators, and press photographs show demonstrators throwing rocks and buring rubbish in the streets. Two kilometers from the city, president Saca gave up his attempt to proceed into the city and returned to San Salvador by helicopter where he gave his speech from the Presidenti...