Despite the compliments of U.S. President George W. Bush, the Salvadoran government’s corrupt ways left a negative impact on the public in the month of March. Corruption is deeply engrained into the political-economic system of the country – particularly visible in the judicial realm, where impunity reigns for the wealthy and punishment is heavily delivered to the victims.  Furthermore, such an opinion is not limited to “Left – wing” organizations but rather is shared by such entities as the U.S. State Department and the Salvadoran Office for the Defense of Human Rights.  Four cases of recent corruption are briefly described below. 

 

Narciso Ramírez

 

Another recent case of corruption is that of the "coyote", Jose Narciso Ramírez Ventura.  On the 26 and 31 of January, two semi-trucks of undocumented migrants were tracked down in Monterrey, Mexico.  The investigations led to a ring headed by Salvadoran Narciso Ramírez.  The National Civilian Police of El Salvador were talking about the biggest hit on "undocumented traffickers" since the legal reform which criminalized the activity.  However, the show wasn't over.  The day the judge of the case, Adrián Cabezas, let Ramírez free, and even lowered the bail, the press began to talk about the "connection" between Adrian Cabezas and Ramírez.  Cabezas, "to culminate the act, at the time of departure (from the court), could not help but give a 'fraternal' good-bye hug to the defendant, inviting him - without shame - to celebrate later that night."[1]  According to La Prensa Grafica, sources later that same night saw Ramírez' vehicle pick up Cabezas at his residence.  The Attorney General's Office made public statements that they would investigate the "connection" between the judge and the defendant, however it was not interested in the conflict of interest before the ruling.  The Attorney General's Office did not confiscate important documents that established the links between Ramírez and the judge, documents the authorities had found in the residence of Ramírez.

 

Vice-Ministry of Transportation

 

The Vice-Ministry of Transportation also finds itself under fire. FMLN Deputy Nelson García filed a complaint against Vice-Minister of Transportation, Ricardo Yúdice, for not fulfilling his duties as a public functionary.  The complaint is based on the lack of fulfilling mandates established in three articles of the Transportation Law, approved in 1995 and in affect since 1996.  According to Article 10, the Vice-Ministry of Transportation must establish a Superior Council of Transportation with the representation of the public and private sector, which Yúdice has failed to do.  In addition, Yudice has failed to integrate the Regulating Commission of Ground Transportation as established by Article 49, as well failing to implement Article 34 of the law which requires the Vice-Ministry to carry out mechanical revisions on the buses part of the mass-transit system.  At the time of this writing there has been no ruling on the case.  It is believed that the ARENA government's strategy was to not implement these mandates, which would have improved some of the problems of the mass transport system such as mechanical failures, pollution, etc. Rather, it appears that its strategy was to bring the public transport disaster to breaking point and thus gain public support for its "new transport system".  This "system" requires bus owners to buy new buses from Roberto Murray Meza's company Star Motors (Roberto Murray Meza is ex-President of ARENA and prominent ARENA member).

 

CEL

 

During the month of March an energy scandal involving a Texas company was brought to public light.  This time however, the public in general of the United States was not aware of the case.  The multinational (El Paso Energy) was not taking advantage of the U.S. public but rather the Salvadoran public.  The case is one of a classic regarding corporate welfare at the expense of the public.  The Salvadoran Executive Commission of the Lempa River (CEL) signed a contract with Coastal Energy (now El Paso Energy) to supply energy to El Salvador.  Since 1994, El Paso supplied around 24% of the demand.  The Salvadoran State, through the ARENA government (Guillermo Sol Bang, President of CEL is a prominent ARENA figure), signed an outrageous contract that can only be considered a gift to the multinational.  The contract locked the Salvadoran government into paying El Paso between 33%-100% more than the market price for the generation of electricity.  In addition, according to the energy generation workers' union, STSEL, the contract forces CEL to buy 144 megawatts per hour, when consumption is usually quite less.  Furthermore, CEL is also forced to pay for a reserve of machines that are not turned on.[2]  Until December of the last year, CEL has paid US $498.8 million dollars to El Paso Energy.  In crises, CEL petitioned to break the contract with El Paso.  On 21 March an international trade tribunal ruled that CEL would have to pay US $90 million more dollars to be freed from the contract.  CEL is looking for international loans to pay the money owed to El Paso and once again the public will foot the bill for the enrichment of private corporations.  Such debts are being used to further privatize the energy sector, which is quite ironic since it was the private sector itself that is responsible for debt and the public rip-off.

 

Posada Carriles

 

The case of Posada Carriles case is another example of the Salvadoran judicial system being involved in corruption.  After several Salvadoran officials gave Posada Carriles (an anti-revolution Cuban terrorist wanted for being the author of the 1976 bombing of a Cuban airline in which 73 people died) false documents in order to reside in the country, the Salvadoran executive continued to protect the terrorist even after ample evidence had been given to both the Calderón Sol administration and the Flores’ administration.[3]  Posada Carriles is now under custody in Panama on trial for possession of explosives and for directing an assassination attempt on Cuban President Fidel Castro.  The Salvadoran government is apparently once again helping its ideological partner escape from justice. 

 

On 4 March the Panamanian official in charge of the case, Dimas Guevara, informed the press that there is no evidence to prove that Carriles was in fact conspiring to assassinate Cuban President Fidel Castro.  However, he did recommend maintaining the charges of “possession of explosives, intent against collective security, illicit association and intent against public faith.”[4]   Thereafter, El Salvador solicited to extradite Carriles for use of false documents.  Cuba immediately responded, stating that the extradition presented by El Salvador is “an obvious maneuver to try to rescue a well known person that established in San Salvador, during many years, his general headquarters in order to hatch his darkest plots and where he can rely on the complicity of the highest functionaries of said country…”[5] Among those pointed out as having supported Posada Carriles is the ARENA deputy and ex-director of the National Civilian Police, Rodrigo Avila.  FMLN Deputy Manuel Melgar phrased the issue clearly when he stated that the Salvadoran authorities are using the extradition so Carriles can “come home”.[6]   René Hernández, Magistrate of the Supreme Court, responded by saying that what motivated the Court’s decision “was not political desires but rather legal principal.”[7]  Agustín García Calderón, President of the Supreme Court, added that Carriles committed illegal acts, that the decision to extradite has legitimate legal founding, and “the judges cannot invent cases.”[8]  However, the question at hand is not whether the Salvadoran judicial system’s decision to extradite Carriles can be legally justified (which it can on a technical level).  Rather, the question is why would a country that harbored a terrorist since the late 80s (when he was working with the Salvadoran armed forces), that gave him documents, freedom of travel, a job, and a terrain from which to operate with the support of the highest functionaries of such country – all of which had been documented with pictures, videos, written documents etc. and presented to the Salvadoran government during a decade – now want to extradite him for using false documents when in two other countries, Cuba and Venezuela, he is wanted for terrorism which caused the death of dozens of innocent people?

 

State Department Human Rights Report on El Salvador

 

Washington's report on human rights around the globe must be looked at carefully given that its general aim is to serve the greater goals of U.S. foreign policy - and the fact that the United States itself is a major culprit of committing human rights abuses on an international level.  Usually, the report rails on "official enemies" while praising governments that are subservient to U.S. corporate interests.  If the abuses are too many or grave to ignore the report usually recognizes the effort the government is making to try to "improve their record." 

 

This said, it is interesting to look at the report on El Salvador. One of the principal criticisms was on the Salvadoran judicial system, which it characterized as "inefficient and corrupt".  The report also pointed out that impunity exists for those individuals or groups with political and economic influence.  In addition, the report cited the large numbers of police officers involved in criminal activity and also large number of complaints filed for police brutality. 

 

Flores in El Salvador is definitely Bush's man in Central America.  Bush has looked first and foremost to Flores regarding the U.S. - Central American Free Trade Agreement and has had good words for El Salvador's dedication to implementing neo-liberalism.  According to Bush, Flores is a "bright young leader" in Latin America and also a personal "friend".  So why the criticisms in the report? The sometimes-harsh criticisms can probably be explained with two reasons: 1) the violations and corruption are too many and obvious to ignore; and 2) some of the violations go against U.S. interests, such as the case of the coyote Narciso Ramírez.

 

Office for the Defense of Human Rights (PDDH) Report July-December 2001

 

According to the PDDH report the largest violator of human rights from July-December 2001 was the Ministry of Public Security and Justice and the National Civilian Police (PNC).  Out of 2,898 admitted cases, 1,142 were attributed to the said ministry or the PNC.  Of the admitted cases the three top rights violated were: 1) Right to Personal Integrity, 2) Right to Due Process, and 3) Right to Employment.  In addition, according to the PDDH report, one of the gravest problems in El Salvador is impunity.  "This impunity is generated by various causes: economic and political influences, manipulation of the law, an amnesty law that blocks the possibility of punishing those responsible for crimes associated with the conflict, incompetence when investigating, fear in the public sector and a long etc."[9]

 

The corruption in the judicial system and the reversion of the democratic process in El Salvador is unfortunately backed up with documentation from such reports as the one coming from the PDDH. 

 

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Update on Peace Accords:  Peace Process Not Over

 

In late January the CIS sent out an Action Alert warning of the ARENA plan to declare the Peace Accords completed, with the backing of the United Nations.   The ARENA government had planned a celebration for 16 March that would declare the Peace Accords complied with and an end to the peace process.  We later informed our readership that, thanks in part to the concern expressed by the FMLN and the pressure by the social movement, the United Nations decided not to attend the ceremony.  Here, given the importance of the issue, we would like to give an update on the events which led to the UN decision, what the UN decision means, and the stakes at hand regarding this crucial issue. 

 

On March 8, the FMLN met with the United Nations General Secretary Chief of Cabinet, Iqbal Riza, at the UN headquarters in New York.  The principal objective of the meeting was to present an evaluation of the Peace Accords process.  The evaluation was based around three areas: 1) Completed Accords, 2) Uncomplied with Accords, and 3) Reversion of Accords.  The FMLN pointed out that among the principal accords that have not been complied with are the Economic and Social Accord, the Land Transfer Program, and the Human Settlements.  The FMLN also brought up the newly established accord with the war-wounded, which was established in December and none of whose components have been complied with.  The FMLN pointed out that the accords complied with have to do with the democratic process and the FMLN commitment not to retake arms.  However, some of the key accords complied with regarding the democratic process are in a process of reversion, or have already been reverted.  Among those cases of reversion, the FMLN cited the recent reforms to the National Civilian Police law and the Penal Law.[10]

 

As evidence of the reversion of the PNC, the FMLN pointed out that the PNC was the institution responsible for the most human rights violations, according to the Office for the Defense of Human Rights.  Furthermore, Police Director Mauricio Sandoval, has 48 cases against him.  In addition, the FMLN, provided evidence to the UN that proves the OIE, State Intelligence Office, is following principal leaders of the party.[11]

 

The movement of social organizations also declared that many aspects of the Peace Accords have yet to be complied with.  More than 20 organizations held a press conference on March 14 where the representative of CEPAZ stated, in reference to the National Association of Private Enterprise, "The interest of some sectors in returning to the past is reason for worry..."[12]

 

The ARENA government wanted to project the arrival of Kofi Annan as proof of the fulfillment, and therefore the end, of the Peace Accords.  However, the United Nations was pondering over whether to arrive to mark the end of their verification process.  After meeting with the FMLN, the United Nations announced that Kofi Annan would not be arriving in El Salvador for the celebration, due to two principal reasons: 1) Acts that demonstrate a process of reversion regarding the accords already complied with, such as the PNC storming of the Legislative Assembly; and 2) It is not beneficial to hold a celebration where only one side is present and agrees with the end of the process.

 

ARENA used every line in the book to try to pass blame on the FMLN for their own diplomatic failure.  They accused the FMLN of "manipulating" and "misinforming" the United Nations.  They also called the FMLN an "embarrassment" to the country for pointing out ARENA's maneuvers to revert the Peace Accords.  In the end, the PR campaign couldn't buy ARENA out of the hole they dug themselves in.  Even according to a poll by the right wing, La Prensa Grafica, the majority of those interviewed agreed with the FMLN that the Peace Accords have not been complied with in their entirety and the peace process should not be deemed completed.[13]  The real embarrassment lay with ARENA as Kofi Annan made a March trip to Central America where he visited Costa Rica, Nicaragua and Honduras, meeting with the Presidents of each country.  Annan avoided El Salvador and needless to say, did not meet with President Flores. An editorial in the Proceso summed up the situation, "It wasn't the FMLN that manipulated but rather the ARENA government.  It is clear that the Salvadoran environment has changed in a radical manner.  The direction of the police committed serious errors by: not respecting the special rights of a deputy; storming the legislative precincts with armed and masked men; and viciously attacking the press."[14]

 

The UN decision is not only a diplomatic failure for the ARENA government and a victory for the FMLN, it leaves the possibility that the reversion process be obstructed.  For if all the gains of the Peace Accords regarding the democratic process are totally reverted it could lead to another civil war.

 

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Bush Visit to El Salvador

 

On 24 March U.S. President George W. Bush visited El Salvador to discuss the Free Trade Agreement with Central America as well strategizing on "security".[15] 

Despite the incessant government and media campaign to convince the population that Bush's visit, especially the free trade agreement, would be beneficial to them, the public, in general, remain unconvinced.  The Diario de Hoy released a poll on 23 March (the day before the official visit) in which only 20% of the interviewed population thought that Bush's visit would benefit El Salvador.  When asked if there were any benefit what type of benefit would it be, only 7% responded that it would bring economic benefits.  A juice seller responded "All this about the free trade agreement, it would only help those people on top not the workers, those of us that are on the bottom."[16]

On 21 March the FMLN published their declaration regarding Bush's visit.  The declaration is important because it addresses current key issues that Washington and the Bush administration are pushing incessantly.  Such issues include free trade, and the militaristic U.S. foreign policy.  Given the hostile global political climate, the unrestrained U.S. military aggressiveness and the absolute intolerance Washington is showing to any entity which "threatens U.S. interests" the statement put out by the FMLN is positive testimony to their dedication to their revolutionary, socialist, and anti-imperialist principals.

 

Regarding "the supposed benefits (of the free trade agreement with Central America) that official declarations promise" the FMLN wrote they all "are falsehoods demonstrated by the other free trade agreements already signed by our country."[17]   The document goes on to say that the free trade agreements are negotiated "behind the backs of those whom they supposedly represent" in "exclusive meetings of the economic cabinet with powerful sectors of capital" where they arrange "secret negations of which not even the most general terms have they made known."  However, the FMLN makes clear they are not isolationist, and in fact, believe in "cooperation between nations" and trade with other countries but that they should bring social justice, human development and democracy for all sectors of both countries.

 

Regarding U.S. foreign policy the FMLN wrote "We consider that the blockade on Cuba, the indications of military intervention in Colombia, the hostility towards the government of President Chávez of Venezuela and the current threat of war to other countries do not have international consensus and therefore do not contribute to peace and stability of the planet."[18]  However, the FMLN also recognized that since almost a third of Salvadorans live in the United States and given the predominance of the United States in the world, the FMLN must know in depth the interests of U.S. administrations and look for a relationship of mutual respect.

 

While Bush was secretly meeting with the Salvadoran functionaries, 10,000 people took to the streets to protest the proposed free trade agreement, the lack of respect for Romero and U.S. militarism.  The peaceful march united the labor sector, the campesino sector and various other organizations.

 

Bush, in a telling move, refused to meet with the FMLN because of their "extreme" positions on some issues.[19]  All indications lead to the conclusion that true concertación with the Right and Washington will not be possible due to their intolerance and the strict defense of their "interests".  Despite the efforts of ARENA and the media to try to convince the public that Flores was going to reach an agreement with Bush to extend TPS, the Bush agenda was quite clear: "free trade" and "security".  Flores upset his Central American counterparts by stating that the U.S. should go ahead and sign a free trade agreement with El Salvador instead of waiting for the other countries who "are not ready".  Such a measure (and attitude) would even further disintegrate the already exploited Central American region. 

 

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Update on the "Storming of the Legislative Assembly"[20]

 

On 7 March the deal was made public: "ARENA Offers 'Combo' for Freeing Sandoval".[21]  The "combo" was that ARENA would vote so that both the Public Accounting Court and the presidency of the Assembly stay in the hands of the PCN in exchange for the PCN not supporting the dismissal of the ARENA functionary Mauricio Sandoval, the police director responsible for the raid on the Assembly.  A week later, the commission dedicated to studying Sandoval's dismissal announced that it only required a public apology from the Sandoval and Walter Araujo (President of the Legislative Assembly). 

 

The decision by the Right block not to hold ARENA functionaries responsible for one of the most serious legal violations since the Peace Accords is a significant one.  It is yet another example that the Right opposition parties will align themselves with ARENA through shady deals to protect their interests.  Such shady deals demonstrate their detest for the democratic gains made by the Peace Accords, an end to impunity and all laws that benefit the majority of Salvadorans.

 

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