Elite Police Force Storms Legislative Assembly

The events of February 13 confirm something we have been saying now for some time: key institutions created and recreated by the Peace Accords have been perverted in order to utilize them to impose an economic model that is contrary to the common good.[1]

- Proceso, weekly news editorial from the UCA

Background on Vice-Ministry of Transportation, the "New" Transport System and Summary of the Events Leading to February 13

The past ARENA governments have made the Vice-Ministry of Transportation an entity  run on unethical political favors and corruption.  As a result, the mass transit system in El Salvador is characterized by a lack of order and lacks mechanisms that assure the safety of the passengers and control of pollution, saturation of bus lines, etc. 

Despite official rhetoric, the government is not interested in creating a "new" transport system out of care for the passengers or the environment.  If the government were interested in the safety of the passengers it simply could have would have implemented Article 34 of the Land Transport, Transit, and Road Safety Law, passed in 1996.  This law requires the government to carry out technical and mechanical revisions of buses in order to guarantee the safety of the passengers. In addition, the "new" transport system promoted by the government is basically reduced to three components: 1) formation of bus companies; 2) re-ordering of bus routes; and fundamentally 3) replacement of public transport buses.  Such replacement of buses benefits the country's bus importers such as Roberto Murray Meza, President of COENA and STAR Motors, José Quiróz, Minster of :Public Works and majority stock holder in Grupo Q, and Grupo Poma.  Furthermore, there is no new transport system planned for either the rural areas or the interior of the country.  This is evidence that the interest at play is the ownership and control of the largest transport market, which is San Salvador.[2]  

However, the cozy relationship between the transport sector and ARENA, which resulted in a chaotic and deadly transport system, began to come to an end when the bus owners began to block the interests of ARENA.  Some of the manifestations of the relationship crisis have been the firings of the Transportation Delegates (dedicated to monitoring service), the "re-ordering" of the bus routes, and the elimination of the diesel subsidy.[3]  In short, the current crisis is not an isolated incident without history or context. 

February 1, 2002 was to be the day on which buses over 20 years old could no longer to be allowed on the streets of El Salvador.  In protest, the bus owners' associations launched another strike and activities, some violent.

Deputy Arevalo and the Storming of the Legislative Assembly

The bus owner's associations maintained a degree of support within the Legislative Assembly, including that of Deputy Orlando Arevalo (formerly PDC, then ARENA, and now PCN), among others.  On February 13, the GRP (an elite immediate reaction group of the police) intercepted Deputy Orlando Arevalo's vehicle then, escorted him to the Legislative Assembly (Deputies have impunity and the Assembly is the entity which decides how to proceed).  Once at the Assembly 70 elite police officers, masked and fully armed illegally stormed the Assembly.  They sealed off sections of the Assembly and restricted the movement of the deputies, finally turning Arevalo over to the Assembly President Walter Araujo (ARENA).  The GRP closed off the parking lot and deputies were not allowed to enter or leave.  The elevators inside the Assembly were also blocked.  In addition, agents cut off the eighth floor of the Assembly, where the President's office is located.  Another group of agents also "immobilized" the first floor.[4]  In the process of "transferring" Arevalo, the GRP insulted and roughed up the national and international press and deputies themselves.  Agents of the GRP hit camera operators from TV 12 and TELEMUNDO and damaged their equipment.  In addition, a journalist for a local paper was also pushed and threatened by a GRP agent.[5]  At first, the police accused Arevalo of "illicit associations".  Later the accusations changed to "public disorder and damage to private property".  However, to date, no proof has been presented to sustain these charges. 

Reactions

Human rights groups and other social movement organizations have denounced the occurrences of February 13 as flagrant violations of the Constitution and the Peace Accords; and are a clear example of a "return to the past".  First, the storming of the Assembly was unconstitutional.  Through the Peace Accords it was established, in an attempt to prevent another military rule, that no masked or armed persons may enter the Legislative Assembly.  The Procurator for the Defense of Human Rights, Beatrice de Carrillo, stated, "I have never seen the authorities attack journalists in this manner and the fact that they arrived at the precinct of the Legislative Assembly is such a grave violation that the citizenry can't even imagine what it means."[6]  The Procurator also condemned the police procedure, including the arresting of Arevalo without any evidence, the illegal use of telephone tapping, and violation of deputies' rights.  She went on to say that one cannot downplay the event nor blame mid-level workers nor the agents themselves, both of whom only receive orders from the maximum authorities.  For this reason the Procurator suggested that both Mauricio Sandoval, Director of the PNC (National Civilian Police) and Walter Araujo (ARENA), President of the Legislative Assembly, resign from their positions.   The conclusion of such groups such as IDHUCA (Human Rights Institution of the UCA), the PDDH, FESPAD (Foundation of the Studies of the Application of Law), and CDHES (the Human Rights Commission of El Salvador) is a worrisome (forecasted) reality; the executive arrested Arevalo, without any evidence, for political reasons in a show of force and intimidation.   The Director of the Center of Penal Studies of FESPAD, Jaime Martínez, stated in a press conference, "The executive, through the police, has said to the legislature: I can come and take over this house whenever I feel like it; there is no deputy here that can stop me."[7]  The executive director of FESPAD, María Silvia Guillén, went on, "Obviously what we had was a show of force, demonstration of power...in a desire to intimidate."[8]  IDHUCA wrote that the PNC "showing their hard line, reveals that in criminal investigation and other procedures, forms of the past continue to live on."[9]   

The political opposition also denounced the events and criticized the executive.  The political parties of the opposition have united to form a commission to "investigate" the police "intrusion".  It appears as if ARENA could have crossed the line, trying to eliminate too many people who stand in the way of their neo-liberal objectives.  The FMLN has taken the strongest position, demanding the resignation of Sandoval and Water Araujo. However, time will tell if the opposition parties of the Right will decide to take legal action against ARENA.

The opposition parties decided to unite to form a commission to investigate the actions of PNC Director, Mauricio Sandoval and the Walter Araujo, President of the Legislative Assembly.  Due to the illegal eruption of armed officers in the Assembly, the abuse committed by the PNC and the political arrest of a deputy, the opposition deputies are considering retiring Sandoval and Walter Araujo from their posts.  According to article 131 of the Constitution, "The Assembly can ask the President of the Republic the ejection of a functionary, and it shall be obligatory if the functionary is dedicated to public security and has violated human rights."[10]

In order to investigate the aggression of the PNC, the Commission has decided to supoena for testimony Walter Araujo, Attorney General Belisario Artiga and Mauricio Sandoval, among others.  Since the beginning of the investigation of the special Commission, the illegal nature of the events have become even clearer.  In fact, Mauricio Sandoval could not present any proof before the special commission that incriminated Orlando Arevalo.  The headline in La Prensa Grafica on February 27 read "Director of the PNC without Any Proof Against Deputy Arevalo."  In fact, when repeatedly asked by the legislative deputies what proof he had against Arevalo, Sandoval repeated three times the same story (which didn't convince the Assembly): "The report of the investigating agents establishes a relationship between Arevalo and people who were in the Hotel Alameda who later created disorder at Salvador del Mundo."  However, nobody had ever questioned that Arevalo indeed supported the bus owner's political demands, but accusing him of public disorder and damage to private property is quite another case.

Response of ARENA and the Executive

The true political nature of the executive's actions became even clearer as it began to give its statements of justification.  Such statements can be characterized as contradictions, lies, and cover-ups.  Sandoval's declarations were full of contradictions.  First, he stated that Arevalo was arrested "in the act" and "the whole procedure was followed and the Constitution has been respected."[11]  In reality, Sandoval himself has not been able to present any proof against Arevalo. The only thing he was caught in the act of was driving his car.  Furthermore, the Constitution was violated when the GRP entered the Assembly armed and masked.  After the stern reaction by the opposition and the press for the illegal storming of the Assembly, Walter Araujo, President of the Assembly, in what appears to be an attempt to protect his colleague at the possible order of the ARENA party, stated "The person who solicited the security for transfer was me."[12]   However, the next day Deputy Araujo, in relation to the capture of Arevalo states, "I had nothing to do with it...I didn't even imagine the capture; I was meeting with the Deputy Ciro Cruz Zepeda during noon working on purely legislative issues."[13] 

Perhaps President Flores himself has made the most unfounded comments.  On Friday, February 15, Flores declared, "The deputy was captured because the District Attorney's Office has determined that he (Arevalo) was linked in the violence."[14] Then on Saturday, February 16, he stated, "The District Attorney's Office ordered the detention of the deputy based on an investigation of his violent participation in the violent acts."[15]  However, in an interview given to La Prensa Grafica on Tuesday, February 19, the District Attorney, Belisario Artiga, rejected Flores' version, declaring "There is the need to be clear and precise: the District Attorney's Office never gave functional direction to the Police regarding the case of Deputy Arevalo."   Flores, even after being contradicted by the General Attorney, continued: "He was captured because of his direct participation in the violent acts of the last bus strike.  He was the direct organizer of the violence in determined parts of the country.  He was seen leading the violence, he was seen doing it in the Hotel Alameda, giving instructions about if they should burn, machine-gun, or destroy the buses."[16]  Not even Sandoval or Flores' own party members ever dared to make such outrageous accusations and in fact contented themselves with calling Arevalo the "intellectual author".  Regarding Flores' other statements about Arevalo being seen leading the violence and giving instructions on how to destroy buses; neither Flores nor Sandoval have presented any proof to back up such statements. 

Conclusion

Many groups from the social movement had forecasted such events, given measures the executive has been taking to corrupt institutions created by the Peace Accords, its authoritarian behavior and its relentless implementation of strict neo-liberalism.  In short, those concerned about social justice have been warning that ARENA and the executive have been setting up for actions such as these.    Indeed, this is the most recent repressive and undemocratic incident in a long series of similar incidents.  It is quite possible that worse could come if strong action is not taken.

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Bush's Visit and the Central American Free Trade Agreement with the U.S.

George W. Bush will be visiting El Salvador on March 24.  Bush's agenda principally deals with the Free Trade Agreement with Central America and "anti-terrorism".  An indication of the importance Bush is placing on the anti-terrorism campaign is the fact that U.S. Secretary of State, Colin Powell, will also be joining Bush on his visit.  Bush will arrive on the anniversary of Archbishop Oscar Romero's assassination - the United Nations has cited ARENA founder Roberto D'Aubuisson, a man who Bush Sr. supported during his administration, as the intellectual author of the assassination.

The Bush visit comes after his "Anti-Terrorist Tour" in Asia.  If his previous tour gives us any indication of his vision for Latin America, we can expect more of the same hard line.  Only days before Bush embarked on his Asian tour, The Guardian reported that the Pentagon and the CIA are preparing to attack Iraq in an operation that would include 200,000 U.S. soldiers.[17]  In fact, according to the Philadelphia Inquirer, a Bush administration functionary stated, "This is not a discussion if we should free ourselves of Saddam Hussein.  That debate is over.  This is (about) how to do it."[18]  On his visit to Tokyo, Bush continued to rail against the "axis of evil" (even though he did refrain from using that exact phrase).  Bush stated the U.S. "will defend their interests" with or without support from their allies, stating "all options are on the table".  He went on to say that the leaders of the world understand that "our commitment is not only in Afghanistan."[19]  Apparently, Bush is setting up "justifications" to continue the "infinite war" so that the United States may "defend their interests" wherever they see fit.

Recent declarations from the Bush administration also give us a pretty clear picture of what the U.S. wants to do with Latin America in general.  Colin Powell was quite clear in his opinion piece in La Prensa Grafica, "Our principal objectives are the expansion of free trade..."[20]  "Anti-terrorism" the "drug war" as excuses to defend "free trade" as U.S. "expansion" became clear in the case of Colombia.  Bush asked for $US 98 million dollars to train the Colombian army to protect the principal oil pipeline in Colombia.  Anne Patterson, former U.S. Ambassador to El Salvador and current Ambassador to Colombia, made it even clearer, "It is true that it is not an anti-narcotic issue, but it is something we should do.  It is important for the future of the country, for our sources of oil, and for the confidence of our investors."[21]   Furthermore CIA Director, George Tenet, recently gave a closed door briefing (only the introduction of the Tenet's text was made public) to Senators in which he expressed his concern over the "volatile" situation in Latin America and the threat to U.S. interests.[22]  To find out what U.S. goals are, it is not usually necessary to listen to "conspiracy theorists" because U.S. officials themselves tend to be quite clear.  Such actions and comments if made by another country would be classified as acts of aggression worthy of stopping.  What appears here is a modern day version of "Manifest Destiny" whereby the "noble" fight for good through "anti-terrorism" and "anti-narcotics" is used as an "infinite" justification to defend U.S. economic expansion through "free" trade.

El Salvador and the Central American Free Trade Agreement with the U.S. 

El Salvador loses sovereignty through the free trade agreement, which "obliges political and judicial changes."[23]  In previous free trade agreements, it was common to include clauses that restrictd the Legislative Assembly from modifying the text or making proposals (many free trade agreements are basically carbon copies of the same text).[24]  Such clauses are unconstitutional since the Constitution of El Salvador establishes that the Legislative Assembly has the faculty to augment and take away tariffs.  In essence, the free trade agreements practice a "transfer of power" which again, the Constitution prohibits.[25]

On the judicial front, according to El Diario de Hoy, President Flores "qualified the 'weaknesses' of the judicial system as harmful..."[26]  Flores also "made a call to the media to bring to light the vices of the system in order to purge it."[27]  Flores wants the Supreme Court President, Dr. Agustín García Calderón, to carry out the changes, but laments the fact that "he doesn't have the instruments."  Flores appears to be determined not to let politicians "scare away investors", and the executive is determined to continue to rail down undemocratic institutional changes in order to force an oppressive economic model on the population.

President Flores has rejected the democratic idea that the FMLN be part of the negotiating commission, stating that the only people to participate will be the principal actors: members of the private business sector and the executive.  Such an undemocratic measure will assure the interests of only a small group of elite at the expense of the rest of the population.  In fact, a coalition of private companies in the U.S. is ready to negotiate with the Central American Council of Private Business.  Flores summed up his position by saying, "Too many cooks can ruin the soup."

Flores seems ready to accept any order from the elites in the United States and change whatever needs changing to suit their needs.  On his recent trip to the U.S. he worked hard to "sell" El Salvador as a "safe" place for investment where the labor is exploitable: "The most important is that the Salvadoran works hard and learns fast."[28]

Meanwhile, the Social and Labor Concertación and the Civil Society Forum, in an unprecedented move, have united to launch the "Citizen Campaign for the Dignity and Sovereignty of the People: Long Live Archbishop Romero" in response to the Bush visit and global neo-liberalism.  One of the activities of the Citizen Campaign includes the "Mobilization for the Dignity and Sovereignty the People".  "The principal goal of the Mobilization is to manifest our repudiation of the North American President George Bush's visit considering that his visit: A) forms part of an imperial strategy oriented to fortify the political, economic and military control over our Central American region. B) is an offense to the historic date that is very meaningful to the Salvadoran people, the commemoration of the XXII anniversary of the martyred death of Archbishop Oscar Arnulfo Romero."[29]

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The Peripheral Ring around San Salvador and Nejapa

The "peripheral ring" is a six-lane freeway system that intends to surround the outskirts of San Salvador in the hope of reducing congestion, and consequently pollution, within the city.  The current estimated cost of the freeway system will run Salvadorans US $685 million dollars - not including interest on the loans - and will take ten years to complete.[30]   The project is in the "consultation with the population" stage, after which the government will start construction.  

The project has generated many criticisms from the population.  The President of CESTA (Center of Appropriate Technology), Ricardo Navarro, criticized the Vice-Minister of Transport for not carrying out a genuine process of consultation with the population.  According to Navarro, "The Vice-Minister is carrying out a consultation but it is directed towards where it should be located, not if it is necessary."[31]  In addition, representatives from the Mayor's Office of Nejapa informed the CIS that the construction companies have already been contracted, the machinery ready, the plan basically established and the process of consultation is nothing more than a formality and public relations ploy.  In addition, Navarro pointed out that the freeway system does not address the root problem, which is that El Salvador does not have a sustainable transportation system.  "First building overpasses was tried, but now they are saturated, the same thing can happen with the peripheral ring."[32]

The peripheral ring will also affect many marginal communities.  In all, the project affects 14 municipalities: Santa Tecla, Antiguo Cuscatlan, San Marcos, San Salvador, Soyapango, Ilopango, Ciudad Delgado, Ayutuxtepeque, Cuscatancingo, San Martín, Mejicanos, Nejapa, Apopa, and Tonacatepeque.  The preliminary calculation conducted by the Vice-Minister of Transport estimated that 948 families would lose their place of abode.[33]  Shortly after, the Ministry of Public Works estimated that 500 families would be affected.[34]

Many also believe that the money for the project could be put to better and more efficient use.  For example the amount, without interest, for the project is US $685 million, which is 13.7 times more than what the government will spend on housing over the next 10 years.[35]  More efficient proposals regarding the reduction of traffic and contamination made by environmental groups include establishing a train system and bike lanes, instead of inefficiently continuing to subsidize the automobile industry.

Nejapa

The peripheral ring presents particular problems for the municipality of Nejapa.  The "ring" will affect Nejapa through the connection of Nejapa-Apopa-Troncal del Norte-Bulevar Constitución.  Such a project will affect Nejapa in two ways: it will be built over the water supply and will destroy the water collection process; and it is to be developed in a high risk seismic zone.  According to representatives of the Mayor's Office of Nejapa, the "ring" is planned to be built over the sources of water on the base of the volcano.  Such sources of water not only provide water for Nejapa but also San Salvador.[36]  The Costa Rican based Central American Water Tribunal made the following points in a January 18th letter directed to the Central American Bank of Economic Integration (the financiers of the project):

The project, as currently contemplated, would increase construction and development on the base of the volcano, an area deemed high risk for both seismic activity and lava flows.  The Mayor's Office of Nejapa has strategically planned future development to take place in the opposite direction.  The peripheral ring as currently planned would undermine such strategic development unless the central government takes into consideration the proposal put forth by Nejapa.

The government, once again, is following a development path which ignores environmental risks, the root causes of contamination and ignores preventative practices related to disasters.

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Notes