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CIS

Colonia Libertad,

Avenida Bolívar # 103

San Salvador, El Salvador

Centroamérica

Teléfonos:

(503) 2226-5362              

(503) 2235-1330

e-mail: cis_elsalvador@yahoo.com

February/March 2004                                                                       Printer Friendly (PDF)

Contents

I. Union Continues to Denounce Healthcare Privatization

Eye on the Elections:

II. New Identity Card Contributes to Electoral Transparency

III. Electoral Period Gives Rise to Violence

CIS News:

IV. Volunteers Prepare for Electoral Observation Mission

V. CIS to Collaborate with the Sinti Techan Network

Article Summaries

I. Union Continues to Denounce Healthcare Privatization
In September 2002 affiliates of the Salvadoran Social Security Institute Workers Union (STISSS) went on strike in an effort to halt what they assert was the beginning of the privatization of the Salvadoran Social Security Institute (ISSS). STISSS claims that the privatization process has continued, two clear indicators being the ISSS’s failure to reinstate the 61 union leaders fired during last year’s strike, and their continued dismissal of current ISSS employees.

II. New Identity Card Contributes to Electoral Transparency
The Documento Unico de Identidad (DUI), along with the new electoral roster, is thought to be the most promising innovation for the presidential elections in El Salvador on March 21. The DUI permits easy identification of any Salvadoran citizen older than 18 years of age, and is expected to curb electoral fraud. The card also will pave the way for implementation of a residential voting system, which has yet to be implemented in El Salvador.

III. Electoral Period Continues to Give Rise to Violence
Violence in El Salvador can be grouped into two categories: structural and contextual. Electoral violence is part of the latter phenomenon. This article explores some of the overt as well as subtle manifestations of electoral violence, and provides a summary of incidents to date.

IV. Volunteers Prepare for Electoral Observation Mission
With nearly two months under their belts, the coordinators of the sixth CIS Election Observation Mission are entering their final weeks of work. The observer mission will officially begin on Monday, March 15, the elections will be held on the 21, and the mission will end on March 23. The volunteer coordinators were attracted to the CIS mission for a number of reasons, and express both excitement and concern about their observation of the Salvadoran electoral process.

V. CIS to Collaborate with the Sinti Techan Network
On February 9 the Business and Investment Citizen Action Network Sinti Techan announced a plan to collaborate with organizations in the United States to develop an anti-CAFTA campaign within the United States Congress. The CIS attended a Sinti Techan meeting on November 11 to plan ways to collaborate in this effort.

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Full Text

I. Union Continues to Denounce Healthcare Privatization

In September 2002 affiliates of the Salvadoran Social Security Institute Workers Union (STISSS) went on strike in an effort to halt what they assert was the beginning of the privatization of the Salvadoran Social Security Institute (ISSS).[1] Although ISSS and STISSS representatives signed an agreement in June 2003 that formally ended that strike, union members claim that the plan to privatize has continued unabated. [2]

STISSS affiliates gathered outside the offices of the Salvadoran Social Security Institute on February 16, to voice discontent over the continuation of that process. STISSS claims that two clear indicators of continuing privatization are the Social Security Institute’s failure to reinstate the 61 union leaders fired during last year’s strike, and their continued dismissal of current ISSS employees.

“We believe that the measures were unjust; I maintain that,” says STISSS representative Francisco Moz Hernandez, referring to the circumstances under which he was fired in September 2002. “Because in no country in the world should an employee be fired for demanding their labor rights.”

Hernandez, employed by ISSS for 14 years as an archivist, belongs to the group of 61 Social Security Employees that have not been reinstated since the healthcare strike ended in June 2003. STISSS continues to demand that the 61 employees be reinstated, while ISSS claims that the firings were legitimate.

Apart from reinstatement of the 61 union representatives, STISSS says that ISSS continues to fire workers that were involved in the healthcare strike of 2002-2003. The Union insists that this is a means of cleaning the ISSS employee ranks of any remaining opposition to privatization.

“Basically, they keep committing, injustices, arbitrary acts, and violations of labor rights,” says Hernandez. “They keep committing the same violations that they committed against us during the process of the strike. There is not a strike anymore. It’s paradoxical.”

STISSS Secretary of Organization Javier Ayala says that about 8 workers are fired every month. He estimates that the total number of dismissed has reached 110.

“If you are going to fire them, do it justly,” says Ayala, “respect their rights.”

Moz Hernandez claims that the ISSS continues to dismiss union demands as a product of the current electoral period, claiming they are designed to garner support for the Frente Farabundo Marti para la Liberación Nacional (FMLN) presidential candidate Shafick Handal. While he does identify privatization as a policy of the Alianza Republicana Nacionalista (ARENA) administration of President Francisco Flores, he says Union actions are designed to serve the workers and not the FMLN.

“They are looking for a way to distract public opinion and say ‘no this is political,’ when it was not really political,” says Hernandez.

The protest on February 16, however, did showcase a banner that named ARENA presidential candidate Tony Saca and his vice-presidential running mate Ana Vilma de Escobar as advocating the continued privatization of public health. The union’s concern is not only informed by a general distrust of past and present ARENA administrations. The privatization process was supposedly begun during Vilma de Escobar’s tenure as Director of the Social Security Institute.
 

Notes:

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Eye on the Elections:

II. New Identity Card Contributes to Electoral Transparency 

The Documento Unico de Identidad (DUI), along with the new electoral roster, is thought to be the most promising innovation for the presidential elections in El Salvador on March 21. The DUI is a modern document that will offer greater security, transparency and confidence on voting day, and should help to avoid the historically fraudulent activities and low participation of past elections.

The DUI permits easy identification of any Salvadoran citizen older than 18 years of age, in all public and private acts. While this represents its official objective, the close relationship between the document’s creation and the electoral process is evident, as is demonstrated in the budgetary dependence of the National Registry of Naturalized People (RNPN) on the Supreme Electoral Tribunal (TSE).

The incentive for reforming the electoral process, criticized on the national as well as international level, originates from the commitment to modernize the state apparatus that arose out of the Peace Accords of 1992. International technical and economic cooperation has become essential for the advancement of this process.

The RNPN, created by legislative decree on October 27, 1995, is a public entity with technical and administrative autonomy, but linked with the TSE for budget purposes. This heterodox formula differs in structure from other countries where the national registry is part of the Ministry of Internal Affairs, which in El Salvador would be the Ministry of Governance. Its objective is the administration of the systems for the National Registry of Naturalized People and the Registry of the Documento Unico de Identidad.

As such, the RNPN is the maximum authority for understanding, obtaining, terminating, or resolving any problem arising out of the process of registering, processing, or distributing the DUI. It has a legal mandate to centralize all of the Civil and Family Registries, previously maintained individually by the mayors of the nation’s 262 municipalities, who also processed the old personal identification cards. The electoral carnet, document previously used to vote, was issued by the TSE. Today both documents have been substituted by the DUI. The old municipal registries as well as the identity card and electoral carnet were technologically outdated, unreliable, and easily manipulated for electoral fraud. 

One of the greatest obstacles for democratic and transparent elections in El Salvador was the existence of an imprecise and inflated electoral roster that contained the names of many dead people and immigrants not intending to vote. It was also common for many people to have more than one electoral carnet, as well as more than one identity card.

The previously used identity card was a document that contained the personal information of the citizen and was signed by the mayor of the municipality where it was issued. The decentralization of the system made obtaining additional identity cards relatively easy. The proliferation of false cards was stimulated by the large flow of migrants to the United States. If the request for a visa was denied one could buy another identity card under an assumed name and then re-solicit a visa. The ease of purchasing a second or third identification card meant that one could later obtain additional electoral carnets, making it possible to vote multiple times in the same election.

Once created, the RNPN centralized the collection and storage of civilian data for the entire Salvadoran population. It had been necessary to create a streamlined registry that contained a modern and secure database. The legal obligation to have a DUI and the fact that it is necessary in order to vote have meant that since November 26, 2001—the date of issue of the first document—until the present, some 3,500,000 citizens have been registered in the RNPN system.

The international public auction, “Contract for the services of the Documento Unico de Identidad registry system” announced by the Government of El Salvador for the creation of the new registry and the identification document, was given to DOCUSAL, a Salvadoran business founded in 2000 with Guatemalan and Mexican contributions. DOCUSAL was placed in charge of implementing the “AFIS” system, which automated the collection of fingerprints. DOCUSAL already had a relationship with PRINTAX, the corporation that created AFIS, the technological system also used by the United States, Japan and France, among others. The United States Agency for International Development (USAID) was the principal source of donations for the purchase of the expensive equipment needed for the AFIS system.

The DUI Centers are offices designated by the RNPN where citizens can obtain their DUI. There were 44 centers during the first document distribution period. Today that number has dropped to 14, one in each Departmental seat. Curiously enough, the law and the contract prevent these centers from belonging to DOCUSAL as a private, non-state entity. The individuals in charge of collecting citizen information and issuing the DUI are paid a salary by the business but are not public functionaries. This outsourcing of services, no doubt caused by the low budget of the RNPN and the government’s current neoliberal orientation, undermine legal protection of personal information and translate into an important concession of national sovereignty. This is even more apparent given the absence of a national law to protect personal information. In other countries the ability to collect personal information and issue identity documents is granted only to the police or other public organizations.

All Salvadorans intending to participate in the 2004 presidential elections are legally required to have a DUI. The process for obtaining the document is simple and fast. Functionaries of the RNPN have cited the process as lasting a maximum of 30 minutes. Once a citizen arrives at the DUI Center they need to present their old personal identification card, electoral carnet, and passport if they have them. The first two documents are then canceled. Citizens have to present a birth certificate if unable to produce their ID, carnet or passport. Some, however, have had appear before the officials accompanied by a lawyer and two witnesses, due to the fact that some mayoral offices and their birth registries were destroyed during the war.

DUI processing also requires that the index fingers of both hands be stamped and that the face be photographed. If necessary for identification purposes, along with the index fingers the entire hand is stamped and registering. This, however, violates the citizen’s constitutional right to privacy and is therefore only justifiable in cases of flagrant criminal behavior against the laws of the Republic. The practice of stamping the entire hand, therefore, runs contrary to the declared purpose of the registration of citizens.

Once the information and fingerprints of an individual are captured by the system, they are compared to the centralized RNPN database and the DOCUSAL fingerprint registry. The data is compared with that of other Salvadoran citizens, for purposes of verifying the validity of the data given and to assure that the DUI will be given to the indicated person.  If the data has not been previously entered, the process is continued and the citizen obtains their document. In the case of fraud the process of registration is detained and through an investigation the corresponding penal action is taken. To date the RNPN had denounced 40 people as intending to duplicate or commit fraud, of which 3 have been imprisoned.

It is worth noting that the new DUI contains detailed information about the residence of the citizen that will make possible the eventual implementation of a residential voting system. Unfortunately the residential vote has still not been implemented, making it one of the greatest holes in the Salvadoran electoral system

The DUI has three levels of security. In the first level are included simple and visible measures like a holographic seal, an unframed photo and a “phantom” photo.[3] The second level consists of measures only visible by means of a magnifying-glass or a black-light, such as the legends of the RNPN or the Government of El Salvador written in reverse. The most sophisticated security measure is the encrypted text on the reverse side of the card, which carries citizen information that can only be read by specialized electronic devices with a PDF reader. The DUI numbers are issued consecutively and will never be reassigned. The printers used to make the care are administered by specialized businesses, making it near impossible to obtain the cards on the black market.

To date no falsification of DUIs has been detected. There have, however, been attempts to modify the name and photograph on original documents. The police also have recently de-commissioned 211 authentic DUIs in the neighborhood of San Jacinto of Greater San Salvador. Neither of the two cases presents a substantial risk to the electoral process because the voter roster has the photo of the given citizen.

In terms of internal control, the processing of the card and control over the registry is broken up into five steps.  Functionaries are trained to specialize in only one of the steps, making it near impossible for one person to control the entire process.

The DUI project has cost the state about $36 million, in part because for nearly one year the cost to citizens was subsidized. USAID contributed the funds for the acquisition of the computer system, the cards and other materials. DOCUSAL now charges $10.31 for the processing of each document. The company in turn covers the costs of maintaining the DUI Centers and the management of the computer system. The RNPN has an annual budget of $1.1 million, approved by the TSE. This budget, nearly 98% of which is used to pay the 85 members of their staff, is totally insufficient.

The DUI is a step towards the consolidation of just, transparent, and democratic elections. It is a trustworthy document that is hard to falsify. It has contributed to the modernization and streamlining of the current electoral roster, to which voter’s names are added after obtaining their DUI. The new voter roster, which has been purged of the names of 10,000 deceased people, features a photo of each citizen, which will make voting with an altered DUI or in place of others very difficult.

 [3]The “phantom” photo is a smaller, lower resolution  duplicate of the larger photo .

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III. Electoral Period Continues to Give Rise to Violence

This article does not attempt to give a comprehensive analysis of the reasons for electoral violence in El Salvador. Rather, it offers a brief overview of possible causes of this phenomenon in Salvadoran politics and, at the same time, cites some instances of violence to date in the current electoral campaign.

The motives for such a high level of violence in El Salvador over such a large democratic transition can be grouped into two classes. The first, and most difficult to eradicate, is violence of a structural character, which occurs among those mired in poverty and suffering social injustice, conditions that has endured since the country was “invaded” by Spain. To this can be added the low rates of education, and a near continual succession of dictatorial governments.

The second class of violence is of a time-related nature. It is worth noting that a 12-year civil war continues to impact the population, generating polarization between the two currently predominant ideological currents, as well as electoral institutions that are both partisan and dependent on the political faction in control of the national government.

Electoral violence, as with generic, includes numerous and different manifestation. From physical violence, death, insults, denigrating propaganda, threats that incite fear and political indifference, to subtle vote persuasion in the media.

It is worth noting the responsibility of the media and, depending on their ideology, the use they make of news related to this type of violence. Pedro Ticas asserts that, “In theory there are three types of violence: direct, latent, and persuasive. The first is easily recognized because it is characterized by force, aggression, and is highly subject to change. The second retains the possibility of the use of force but only on certain occasions. The third is perhaps one of the worst form of violence because of the very subtle manner in which it impacts individuals, without their noticing their persuasion by means of the media.”

Making a brief overview of the headlines during the month of January in the most important newspapers in El Salvador, we find the following:

Similar examples have continued to repeat themselves during the electoral period, impacting civil rights and democratic processes. Given this type of violent actions, and the fear that they promote, there are sectors of the population that might not vote at all, or might change the candidate for whom they intend to vote.

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CIS News:

IV. Volunteers Prepare for Electoral Observation Mission

Alix Arquilliere, from Lyon, France, says she wanted to be a volunteer in the CIS election observer program to complement her studies.

“I wanted experience on the ground,” she says. “An experience beyond the theory one learns in the classroom.”

Having just finished her first year in a Latin American Studies Masters program at Sourbonne Nouvelle Paris 3, Arquilliere says that the CIS mission caught her attention because of her interest in history, politics and human rights.

Arquilliere is one of twenty volunteers currently preparing for the anticipated 270 people who will be part of the CIS presidential election observation mission. Representing six different countries, all have come for different reasons. They share an excitement about participating in the CIS program, and contributing to the strengthening of democracy in El Salvador.

Diana Buran, from California, United States, was a volunteer election coordinator for the CIS mission in 2003. She says she came back because of her belief in the importance of accompanying Salvadorans in their effort to build a viable democracy.

“The CIS is committed to solidarity with the Salvadoran people,” she says. “We are just as concerned as they are that the electoral process be democratic and transparent.”

Director Leslie Schuld says that the presence of international observers provides voters with a greater sense of security by deterring fraud. As in years past, the CIS will draft a final report based on the observations of the mission participants. The report drafted at the end of the 2003 observer mission was accepted by all the major political parties as professional and objective, and was used by the Commission on Electoral Reform in the Legislative Assembly in considering the implementation of changes to the electoral system.

Arquilliere and Buran were among the sixteen volunteers (of the eventual twenty) that arrived in the CIS office on January 12 to begin the work of preparing for the election observer mission.

The volunteers spent the initial weeks studying the laws, constitution, and electoral code of El Salvador, as well as meeting with national electoral bodies, and various government officials. Meetings were also held with representatives of the Alianza Republicana Nacionalista (ARENA) party, the Partido Democráta Cristiano – Centro Democrático Unido (PDC-CDU) coalition, and the Frente Farabundo Marti para la Liberación Nacional (FMLN).

Election Observation Coordinator Delmy Valencia established a number of work groups, and divided the volunteers among them. The responsibilities of the different groups included monitoring media coverage of the elections, and recording, transcribing and translating meetings.

The volunteers have since been paired-up and put in charge of coordinating municipalities in different Departments. “We are making contact with the electoral bodies on the departmental level like the JED [Departmental Oversight Team] and the JEM [Municipal Oversight Team], as well as the mayor’s office,” says Arquilliere.

All of the observers obviously hope that their presence will make Salvadorans feel more confident in their electoral system, as well as show the international community the steps El Salvador has taken towards creating a functioning democracy.

“I hope our observations will be taken into account to improve elections in the future,” says Mary Slosar from St. Louis, Missouri in the United States. 

Mea Allen, of New Hampshire shares that hope, noting that the current structure and capacity of the voting centers is cause for some concern.

“Each voting center is open for ten hours on election day,” says Allen. “Each table has a list of 400 voters. That means that if only half of the people registered show up, the will each have just three minutes to cast their vote.”

“In these elections they are expecting a much bigger voter turnout that before; 70 or 80%,” adds Arquilliere. “The voting centers are not designed for so many people.”

Though the monitoring of the electoral process began on January 12 with the arrival of the volunteer coordinators, the observer mission itself will begin on Monday, March 15. The elections will be held on March 21. With the two major candidates neck-and-neck in the poles, a second round is likely.

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V. CIS to Collaborate with the Sinti Techan Network

On February 9 the Business and Investment Citizen Network Sinti Techan announced a plan to collaborate with U.S. organizations to develop an anti-CAFTA campaign within the United States Congress. Comprised of a number of Salvadoran NGOs and other civil society representatives concerned about the social cost of “free trade”, Sinti Techan was formed in 2000 during the negotiation of a trade agreement between Mexico and El Salvador.

The CIS, as an organization with many links to the United States, attended a February 11 meeting at the offices of the Salvadoran Ecological Union (UNES) to collaborate in the campaign.

There are concrete strategic reasons for the network’s decision to develop a campaign within the United States Congress.  Sinti Techan representative and UNES Director Dr. Angel Ibarra says that U.S. partner organizations estimate that 180 members of the House of Representatives are currently opposed to CAFTA. Only 38 additional votes against the agreement would be necessary to prevent it from passing that body.

The Salvadoran Legislative Assembly, in contrast, is comprised of 84 members. While the Frente Farabundo Marti para la Liberacion Nacional (FMLN) members within that body have declared that they will vote against the measure, they do not hold the majority of seats necessary to prevent it from passing the Assembly.

In conjunction with Sinti Techan, the CIS hopes to organize a public forum involving both Salvadorans and U.S. citizens to speak out against the free-trade agreement. The CIS will also ask members of its human right action alert network to contact their representatives in the United States Congress to demand that they vote against the ratification of CAFTA.
 

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