El Salvador: Dual Crackdowns Raise Questions

By Fulton Armstrong

El Salvador Seguro

Photo Credits: Presidencia El Salvador and Departamento de Seguridad Pública OEA (modified) / Flickr / Creative Commons

Salvadoran President Sánchez Cerén’s months-long crackdown on gangs has broadened into a crackdown on proponents of negotiations with them.  Upon orders of Attorney General Meléndez, 18 former officials involved in the past truce (covering two periods in 2012-2014) have been arrested, among them a principal mediator, former FMLN Congressman Raúl Mijango.  Three others, including the former head of prisons, are on the run.  Meléndez claims that the recent passage of legislation outlawing negotiations with gangs was not a factor, and that the detainees are not being held for their role negotiating the previous truce, but rather for violations of laws in place during the truce.  They are accused of “dereliction of duty,” “illicit association,” smuggling mobile phones into prisons, and possible misuse of US$2 million for truce implementation.  Meléndez said the government-gang pact “was not illegal” and he noted that it did help reduce reported murders, but he has asserted that it gave rise to disappearances and other violence, and allowed the gangs to re-arm and consolidate their control in some sectors.

The campaign against pro-dialogue voices has left several prominent players untouched.  The government has distanced itself from the activities of current Interior Minister Arístides Valencia, whose taped conversations with gangs have been revealed by the media, but he has been neither fired nor arrested.  Former Security Minister (and current Defense Minister) David Munguía is widely seen as the principal architect of the previous truce (securing essential cover from the Church for it), but he too remains in place.  Munguía’s name is prominent in Meléndez’s report, according to press accounts, but the Attorney General said that he lacks evidence of his involvement in wrongdoing.  Paolo Luers of El Diario de Hoy (himself a secret negotiator in 2012) and others are severely criticizing the lack of charges against Munguía while others, whom they call “political prisoners,” are detained.

  • Meanwhile, the government is deploying elite joint Army-Police units to hunt down alleged gang members in the countryside, amid growing unconfirmed reports of human rights violations.  The Office of the Human Rights Ombudsman has identified 13 cases of extrajudicial killings in two operations last year.

The recent arrests have caused debate to flare over the costs and benefits of the past truce and any future agreements with the gangs – as well as the efficacy of the mano dura approach. The crackdown on advocates of negotiations and the simultaneous emerging signs of death squad operations could threaten the credibility of the Sánchez Cerén government’s El Salvador Seguro strategy, which entails an array of efforts requiring political agreement on how to address the violence crisis.  Amidst mounting concern about the implications of the police and army crackdown on gangs, Washington has kept a low profile on these developments.  If current trends continue, however, the dual crackdowns could potentially raise doubts about the Administration’s ability to meet the human rights and other conditions that the U.S. Congress has put on the Alliance for Prosperity under which El Salvador, Guatemala, and Honduras have agreed to form and execute a common strategy against violence and other problems in Central America’s northern triangle.

May 16, 2016

For previous AULABLOG items on the impact of the Salvadoran truce, click here (January 2013), here (November 2014), and here (April 2015).

*This version of the blog was updated May 16, 2016 at 10:25 a.m.

El Salvador: Just Saying No to Gold Mining

By Rachel Nadelman*

El Salvador mining

Photo Credit: laura / Flickr / Creative Commons

El Salvador’s refusal to allow gold mining within its borders sets it apart from most other Latin American countries, but the mining suspension is far from permanent.  Since 2007, three successive presidents, from both the right-wing ARENA and left-wing FMLN parties, have maintained an administrative metals mining “industry freeze.”  This executive action has created a de-facto moratorium that prevents all mining firms – international and Salvadoran, public and private – from accessing El Salvador’s estimated 1.4 million ounces of gold deposits.  Some in the Salvadoran media trumpet this policy.  When former U.S. President Bill Clinton made a philanthropic visit to El Salvador earlier this month, a number of news stories fixated on one of his travel companions: Canadian mining magnate Frank Guistra.  Some media slammed Guistra as “persona non grata in El Salvador.”  They showcased his billion-dollar global mining investments, labeling him (incorrectly) a major shareholder in Oceana Gold, the Australian company suing El Salvador for $284 million for having denied the firm a license to mine.

The mining freeze represents a drastic break from El Salvador’s past economic strategy.  In the 1990s, after the civil war, El Salvador, encouraged by international donors and creditors, embraced mining as an opportunity for economic growth.  Environmental activists challenged the policy, emphasizing the country’s ecological vulnerability and worsening threats of water scarcity and deforestation.  Consecutive ARENA governments ignored these arguments and implemented legal and regulatory reforms to attract foreign mining firms.  But a community-based social movement changed that.

  • Led by a decade-old Salvadoran coalition “roundtable” (with some international support) against mining, this movement strategically promoted a campaign that is pro-water rather than anti-industry, based on rigorously collected and analyzed scientific evidence.
  • The Salvadoran Catholic Church, citing doctrine as prioritizing water and land over economic gain, has provided the movement a level of non-partisan, moral legitimacy.
  • Individual government officials from across elected, appointed, and civil servant ranks have ensured that El Salvador’s weak but existent administrative mechanisms resist pressure from powerful multinational business to reverse policy.
  • A number of Salvadoran companies relying on water and land resources, such as agrobusiness, ranchers, and producers of juices and soft drinks, have largely stayed out of the debate, eliminating a potentially huge obstacle to the movement’s agenda.

The media’s zeal – strong enough for them to mistakenly connect Frank Guistra to Oceana Gold and the ongoing lawsuit – reflects strong popular support for the administrative freeze on mining.  My field research and earlier studies indicate that most Salvadorans do not see the environmental threat from mining as imagined.  Nonetheless, the suspension is precarious – based only on executive action and not legislation that would permanently prohibit mining.  Many in the anti-mining movement believe that a suspension is inadequate over the long term because a change in government could lead to its reversal.  New mining technology, which purportedly would ward against environmental damage, could give political leaders a pretext for lifting the moratorium.  Yet others who support the freeze under current environmental conditions want to have the option of opening the country to mining available in the future.  For those who advocate that total prohibition is the only solution, the fight to stop mining permanently for El Salvador will be a long one.

November 23, 2015

* Rachel Nadelman is a PhD candidate in International Relations at the School of International Service, whose dissertation research focuses on the unique aspects of El Salvador’s mining policies.

Correction: November 23, 2015

The original photo accompanying this blog was incorrectly labeled as being from a Salvadoran mining town.  The photo was actually taken in a town named El Salvador, Chile, and is unrelated to the content of this post.

Violence and Risky Responses in El Salvador

By Héctor Silva

PresidenciaRD and US Embassy San Salvador / Flickr / Creative Commons

PresidenciaRD and US Embassy San Salvador / Flickr / Creative Commons

Salvadoran President Sánchez Cerén, facing a surge in gang-related violence, is grasping at risky solutions.  The 481 murders last month – about 16 per day – broke a 10-year record and represented a 52 percent increase over the same month in 2014.  The soaring murder rate has deep roots going back to well before Sánchez Cerén and his FMLN predecessor, President Funes, came to power in 2009, but its immediate cause is the end last year of the three-way truce between the country’s two biggest gangs – the MS13 and Barrio 18 – and the government.  Negotiated by the Funes administration in 2012, the truce provided a respite that, according to many observers, was doomed to fail because it split gang leaders, with those outside prison expanding their power, and allowed both gangs to expand their territorial control largely unfettered.  Another factor is weak leadership and low morale among public security forces, especially the National Police, which has gutted confidence among the rank and file and prompted some frustrated commanders to take matters into their own hands.  Extrajudicial executions of gang members in retaliation for the loss of police comrades have further driven up the death toll.  Observers increasingly refer to El Salvador’s current situation as a “low-intensity conflict.”

Sánchez Cerén has tried an array of sometimes contradictory tactics in response to the gang problem and the violence, creating an appearance of incoherence and ineffectiveness.  Without disputing estimates of the spiraling death toll, he has blamed the right wing and the media for creating a crisis atmosphere.  Over the past 10 months, he has attempted – and failed – to implement “community policing” strategies, which languish due to inadequate funding and planning, and he recently led several hundred thousand people in a march for “life, peace, and justice.”  With mounting pressure on the President to adopt hardline approaches, he has pledged greater resources to arm and deploy special anti-gang units, and last week he announced intent to supplement the 7,000 military troops already dedicated to law-enforcement duty with the creation of three new “Gang Cleanup Battalions.”  The government says that these 1,200 elite Army troops, strikingly reminiscent of the “Immediate Reaction Infantry Battalions” (BIRIs) that committed grave human rights abuses when deployed during the civil war, will be under civilian police control.

The President’s moves are fraught with danger.  His zigzags signal weakness to his ambitious political opponents and the gangs alike, and his political liabilities will only mount if, as almost all observers expect, the new battalions escalate the war in a manner that fuels extrajudicial killings and other human rights violations.  Criticism from advocates of dialogue with the gangs, including negotiators involved in the previous truce, further weaken him.  The fact is that the gangs, taking advantage of decades of state neglect of key sectors of society, have established strong bases of support in areas where the state’s presence and credibility are already nil or worse.  The shift toward a militarized strategy, moreover, runs counter to the tragic lessons learned in Honduras and Guatemala.  Going after the maras will entail battle in marginalized urban and rural areas that should be Sánchez Cerén’s and his FMLN party’s natural constituencies.  In a lose-lose situation, Sánchez Cerén may be opting for the surer loss.

April 23, 2015

El Salvador’s Former Guerrilla – and New Commander in Chief

By Héctor Silva Ávalos

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Salvadoran President Salvador Sanchez Ceren with Secretary of State John Kerry during his visit to Washington, D.C. [State Department photo/ Public Domain]

Twenty-two years after participating in the signing ceremony of the UN-brokered peace accord that ended El Salvador’s civil war, Salvador Sánchez Cerén, one of the FMLN’s top guerrilla commanders, was sworn-in as president last Sunday.  The political reforms mandated by the Chapultapec agreement launched the country onto a sometimes tumultuous path toward a new democratic landscape that, at least on paper, included the alternation of power: for 20 years the ARENA party, representing the hard-right, ruled the country; in 2009, moderate Mauricio Funes, a popular TV journalist, and the FMLN established an alliance that took them to the Presidential Palace.  Through the prism of Sánchez Cerén’s recent victory, Funes’s was a transitional government.  El Salvador now begins its first period under the rule of the former guerrilla party that fought an insurrectional war against the allies of Ronald Reagan´s Washington during the last years of the Cold War.

Sánchez Cerén and the FMLN’s challenges are many – a stagnant economy; a private sector not used to a political system that doesn’t respond resolutely to its economic interests; a dysfunctional fiscal system; and one of the worst security situations in the world – with 14 homicides a day, growing gangs, and a reign of impunity inherited from the war years and perpetuated by organized crime’s success infiltrating state and political institutions.

The new leadership will also have to deal with the interests of El Salvador’s most powerful neighbor and ally, the United States.  The Obama administration sent a third-level delegation to Sánchez Cerén’s inauguration, and Secretary of State John Kerry did receive him in Washington before that.  Among the first items on the bilateral agenda is El Salvador’s access to funds in a second compact with the Millennium Challenge Corporation (MCC), a $400 million program aimed at bringing fresh money to the underdeveloped and poor coastal areas.  The program is on hold because MCC is not satisfied with the country’s Anti-Money Laundering and Asset Law and because San Salvador has not yet caved to pressure from the U.S. Trade Representative to buy agricultural products – mainly seeds – within the CAFTA region, which would favor U.S. producers.  Washington’s reluctance to work with FMLN officers in law enforcement and security issues is another obstacle.

So far, Sánchez Cerén and his cabinet have tried to play the U.S. relationship smart.  But managing ties is not going to be a walk in the park.  Despite public winks and carefully worded statements, neither side really trusts the other.  But the bilateral connection is important to both.  Roughly one third of all Salvadorans live in the United States, and, in the last several decades, Washington has appreciated El Salvador’s importance in a region where it is losing influence.  The new government has sent a number of signals to Washington by visiting the State Department, engaging in most of the Treasury’s and USTR’s conditions on the MCC compact and launching an early dialogue with the international financial institutions.  But Sánchez Cerén has made it clear that he will also heed El Salvador’s natural allies, albeit for practical rather than ideological reasons.  Just this week, El Salvador requested formal acceptance to Petrocaribe, the Venezuelan economic and financial aid program.  Dealing with violence, insecurity and financial problems will require fresh resources that the government will welcome wherever their origin.  But it also seems possible that the new commander in chief´s patience with Washington’s style of diplomacy – such as pressure tactics to buy American agricultural goods – could be much shorter than that of his predecessors.  

El Salvador: Storm or calm ahead?

By CLALS Staff

Embed from Getty Images

The post-election crisis in El Salvador has been tense but generally peaceful – and, despite some tough talk and street scuffles, both sides appear prepared to accept the final vote tally when certified.  FMLN candidate Salvador Sánchez Cerén still holds a tiny lead of about 6,000 votes of 3 million cast.  The last polls released before the runoff contest last Sunday gave him a 10- to 15-point lead, obviously failing to reflect the success of a well-structured campaign of fear by ARENA to rebuild support for its candidate, Norman Quijano.  The campaign, facilitated by mainstream media long sympathetic to ARENA, claimed that four more years of “leftist” FMLN rule would result in the sort of political instability and economy shortages that Venezuela is experiencing.  ARENA proclaimed, “El Salvador, otra Venezuela.”  Voting analyses suggest that the campaign and an energetic ground strategy rebuilt ARENA’s traditional base among the middle- and upper-middle class, enabling it to close much of the gap.  Specifically, the first-round votes that went to former President Tony Saca – who had moved away from the ARENA hard right and even flirted with alliance with FMLN moderates – tacked back to the right.  The FMLN won an additional 150,000 votes.

The FMLN has been behaving as the reasonable incumbent and ARENA as the noisy opposition.  Sánchez Cerén has pledged to accept “any results announced by the TSE.”  Quijano and other ARENA officials have accused the Supreme Electoral Tribunal (TSE) of “Chávez-style fraud.”  He said he was “not going to allow the citizens to be robbed of an election” and told party faithful to “fight, if necessary, with our lives.”  He called on the Army, which he claimed “is tracking this fraud that his occurring,” to “defend the results.”

ARENA’s heated rhetoric – Quijano’s invitation to military intervention was unprecedented in recent years – has been alarming, but most reports indicate that the TSE has retained credibility throughout the vote count and crisis.  The TSE may soon be able to determine a winner, but the hard fact remains that his legitimacy will not automatically be accepted across party lines.  If certified the winner, Sánchez Cerén will enjoy fairly solid party support but will have to moderate his approach from the start.  A victorious Quijano, on the other hand, will sit atop a divided party – of which he represents the more conservative wing – and probably will also feel pressure to move toward the center.  The campaign to portray the FMLN as the equivalent of Chávez’s party succeeded without a shred of evidence because, despite the FMLN’s relatively democratic and transparent governance over the past four years, many Salvadorans still lean right when afraid.  Quijano’s suggestion that he has an inside track with the Army – harkening back to the days that ARENA indeed enjoyed near lockstep cooperation from the armed forces – may haunt him if he doesn’t restate his confidence in civilian democratic institutions.  The U.S. Embassy has called on all parties to respect the TSE’s count and accept the final results.

Central America: Elections Send Different Messages

By CLALS Staff

Salvadoran Presidential candidat Salvador Sánchez Ceréne  Photo credit: Cancillería Ecuador / Foter / CC BY-SA

Salvadoran Presidential candidate Photo credit: Cancillería Ecuador / Foter / CC BY-SA

The two elections held last weekend reflected different states of mind in El Salvador and Costa Rica. In the former, FMLN candidate Sánchez Cerén didn’t win the majority necessary to avoid a runoff, but the rejection of the ARENA party was strong and almost nationwide. ARENA candidate Norman Quijano not only trailed by 10 percentage points; his party’s victory in only one of the country’s 14 departments – remote Cabañas – was a serious blow to its image.  According to press reports, party infighting is intensifying.

Costa Rican Presidential candidate Johnny Araya and Antonio Álvarez Desanti, Chief of the Araya Presidential Campaign  By Lcascante2000 (Own work) [CC-BY-SA-3.0 (http:/via Wikimedia Commons

Costa Rican Presidential candidate Johnny Araya (left) / By Lcascante2000 / CC-BY-SA-3.0 / Wikimedia Commons

In Costa Rica, the eleventh-hour surge of a left-leaning progressive – Legislator José María Villalta – gave rise to a unified effort by the traditional parties to cast themselves as essential to warding off “Chavismo” and even Communism. Commentators judged that Citizen Action Party candidate Luis Guillermo Solís ran a mediocre campaign, but he denied ruling National Liberation Party candidate Johnny Araya – whose large campaign coffers gave him a significant edge – a first-round victory, beating him by about 1.5 percent (but still far short of the 40 percent to avoid a runoff). Both candidates’ red-baiting tactics apparently got people out to vote – abstentionism was not higher than in the past as feared – and popular cries for change shifted to a mandate for the status quo.

Jockeying for the second- round elections – on March 9 in El Salvador and April 6 in Costa Rica – has begun in both countries.  The FMLN’s Sánchez Cerén appears likely to win even without a pact with former President Saca, formerly an ARENA standardbearer. In Costa Rica, Solís is widely believed likely to win, as Araya is burdened by a lackluster record as San José mayor for 21 years and by his party ties to President Laura Chinchilla, whose disapproval ratings have broken records in the history of polling in the country.

Neither new president will have an easy time governing. Their legislatures are deeply fractured, and corruption and weak Executive Branch institutions will plague them as they’ve plagued their predecessors. ARENA appeared as weak as ever and, already showing signs of crisis, will need to retool. As it loses its access to the lucre of government treasury, it’s going to lose the glue that holds it together and infighting will persist and intensify. Costa Rica’s legislators, including those of the majority National Liberation Party (PLN), have in recent years shown little willingness or ability to put aside venal interests and engage in the serious business of policymaking. Insofar as they construe voters’ last-minute rejection of Villalta as a rejection of change, Costa Rican politicians probably judge that the coast is clear for business as usual.

 

 

Salvadoran Gang Truce: Opportunities and Risks

By Héctor Silva, CLALS Research Fellow

President Funes of El Salvador | Photo by: Blog do Planalto | Flickr | Creative Commons

President Funes of El Salvador | Photo by: Blog do Planalto | Flickr | Creative Commons

Despite the general agreement that the truce between El Salvador’s two main gangs, MS-13 and Barrio 18, has lowered the homicide rate dramatically – from 14 killings a day in 2011 to some 5-6 in 2012 – many serious challenges persist. The truce was brokered by a former guerrilla commander and a Catholic bishop and, after two months of denying a government role, Security Minister General David Munguía Payés acknowledged that his office was the mastermind.  It is now entering a second stage in which six municipalities, ruled by both the governing FMLN and the rightist opposition party ARENA, have pledged to join the initiative. This new stage involves local ad hoc prevention plans aimed at gang members’ families and youth at risk. The truces have become the principal security policy of the Funes administration.

The lack of transparency around the planning and implementation – above all the origin of the initial pact –has fueled skepticism among journalists, politicians and the general public, and polling has not shown wide support for the truce.  The United States has become one of the fiercest critics of the initiative, with its first official reaction a few days after Salvadoran electronic news outlet El Faro revealed details in March 2012 of secret negotiations between the gangs and the Salvadoran intelligence service. U.S. Under Secretary of State María Otero, visiting San Salvador, declared that the gangs must disappear, suggesting disapproval of the appeasement implicit in secret talks, and U.S. law enforcement officials have always been privately skeptical.  The Treasury Department is helping local American police departments attack MS13’s financial networks, which some in San Salvador interpret as a political signal of Washington distancing itself from the truce – an ironic twist given that Munguía Payés was installed largely because of U.S. pressure.  The stakes were raised last week when the State Department issued a warning to travelers to El Salvador, expressing for the first time in writing doubts about the truce.

The Salvadoran state and society face a complex road ahead.  The reduction in the homicide rate is, of course, welcome, and opposition to the second stage of the plan, the municipal sanctuaries, will be muted in a preelectoral year.  (The ARENA candidate for President, Norman Quijano, has remained skeptical but seems likely to jump on the bandwagon.) But with its ambiguous public stance on the truce despite its Security Minister’s political commitment, the Funes administration has not pledged to fund the second stage of the truce, and it seems very unlikely that the United States will be stepping in.  Another factor is that while El Salvador´s security operations are constrained by the truce, other important problems – such as extortion, drug trafficking, impunity and corruption – remain untouched. Furthermore, evidence is slowly emerging that the organized crime rings are using the circumstances to expand their influence and take advantage of their relationship with some of the gangs’ most violent cliques to enhance trafficking routes. Washington’s skepticism about the truce is valid and should be followed up with an emphasis on the underlying causes of El Salvador’s ills.

El Salvador’s “Constitutional Crisis”

Photo by: rosaamarilla via Flickr http://www.flickr.com/photos/amccy/3395160591/

A months-long political feud over the Supreme Court in El Salvador has blossomed into what observers are calling a constitutional crisis.  The first shot was fired in April when legislators from the FMLN engineered a “legislative decree” to replace five court Magistrates, the outgoing Assembly’s second shot at choosing justices during its three-year term.  The court’s Constitutional Chamber in June declared the decree unconstitutional – because each Legislature gets to vote only once for Magistrates.  At the same time, the Chamber invalidated a similar move by the opposition ARENA party affecting Magistrates chosen in 2006.

The theater came to a head this month when two feuding Supreme Courts met in different wings of the same building and claimed legitimacy – one with five members elected in 2009 and the other with the 10 invalidated members.  The rightwing ARENA party and its allies in Washington are claiming the crisis represents a shift against democracy by the FMLN.  Two Cuban-American members of the U.S. Senate have called on the Obama Administration to impose sanctions – principally suspending negotiations on a second Millennium Challenge Corporation compact potentially worth hundreds of millions of dollars – if the crisis is not ended quickly and in the manner they wish.  The Inter-American Commission on Human Rights (IACHR) has called for prompt resolution, and the U.S. Ambassador in San Salvador and the State Department have expressed “concern.”  A Washington Post editorial this week lambasted the FMLN for shifting toward Chávez-style authoritarianism and President Funes for failing to stop it.

This episode reflects maneuvering within the FMLN – fueled by frustration that President Funes’s soft line toward ARENA has only weakened the party’s influence – and poor judgment among activists on where and how to pick the fight.  The legislators rushed the decree because they anticipated correctly that they were about to lose control of the Assembly in elections several weeks later.  The crisis falls into a much more ominous pattern, however, in that – like the coups in Honduras (2009) and Paraguay (2012) – the right wing and its coreligionists in Washington exploit events to challenge the democratic credentials of a democratically elected reformist government to rationalize weakening it, while the Obama Administration responds timidly.  ARENA is again demonstrating its superior lobbying skills in Washington, which have already severely disadvantaged President Funes on issues such as relations between his security cabinet and its U.S. counterparts – resulting in a serious erosion of his own influence over security issues.  If the current political impasse is not resolved to the satisfaction of U.S. conservatives, Washington’s threats – ironically directed against the Administration’s “best friend” in Central America – will likely continue and relations will be strained, further persuading hardliners around Funes that moderation pays no dividends.