The unionists were captured on September 4th at 2 a.m. in the middle of the night at their homes and workplaces for a protest that had taken place in early July. Five of the union members were from Chalchuapa in Santa Ana and 3 from Ahuachapan. The unionists were charged with public disorder and grave property damage, in the context of an administrative work stoppage and protest against privatization of health care, charges of corruption in some of the public hospitals and due to the lack of availability of medicines in Salvador’s public hospitals.
The charge of property damage stemmed from spray painting in a march that took place on July 6th. None the less, as part of negotiations with the Regional health office on July 10 and 11, union members assumed the agreement to paint over the slogans, which they did the week of July 16th, well before the arrests on September 4th. The Regional Health Care office agreed to look into charges of corruption, protect the right to organize and not take reprisals against the protesters. The union activist are currently being charged with disorderly conduct for allegedly blocking traffic during the protest on July 6th. The judge has lifted the order of grave property damage.
On July 2007, the Salvadoran government arrested 14 members of CRIPDES and other social organizations defending the right to potable water in a protest that took place in Suchitoto. The activists have been charged with terrorism under the Anti Terrorist Law (approved in September 2006). There was a huge backlash on the Salvadoran government for charging social protesters with terrorism, with denunciations from Amnesty International, Human Rights Watch, U.S. Congressperson Jim McGovern, the Human Rights office of the Catholic Archdiocese in San Salvador – Tutela Legal, the mayor and City Council of Madison, Wisconsin as well as many individuals and Non-governmental organizations in El Salvador and internationally. As a result, in August of 2007, the Legislative Assembly modified Article 348 of the Penal Code to make disorderly conduct a felony with up to 8 years in prison, instead of a simple misdemeanor. Persons protesting social policies are now no longer being charged with terrorism, but with disorderly conduct, yet the penalties are the same for both actions.
The Anti – terrorist Law together with Reform to Article 348 of the Penal Code are instruments being used against the social movement. This is putting the right to free speech and to meet and assemble guaranteed by the Salvadoran Constitution (Art. 6, Art. 5) and many International Treaties that El Salvador is signatory (International Pact for Civil and Political Rights (Art.19, 12) American Convention on Human Rights/Pact of San Jose Costa Rica (Art. 13, 22), among others in jeopardy. Additionally on September 7th 2007 Conventions 87 and 98 of the International Labor Organization entered into Salvadoran law which protect the right to organize and to collective bargaining. These repressive actions are very dangerous, especially when we consider the roots of the civil war in 1979 included very similar laws that closed democratic spaces for change.
Even though 8 SIGEESAL members have been temporarily and conditionally released from jail – (as well as 14 CRIPDES and other activists involved in demanding the right to potable water), charges have not been dropped. This is sewing fear and terror in the population and making them afraid to speak out against injustice. Therefore it is important that people continue to write your congressional representatives and make known these violations. Specifically:
1. Drop charges against 8 members of SIGEESAL for disorderly conduct. 2. The right to peaceful protest peacefully is a right, not terrorism or public disorder. 3. Eliminate reforms to Article 348 of Salvador’s Penal Code, making disorderly conduct a felony. 4. Respect the ILO Conventions on the right to organize and collective bargaining. 5. Defend the right to public health care.
CONTINUE TO Contact your Congressional Representatives and other Authorities: Presidente Elías Antonio Saca
Tel. (++011-503)2248-9000
FAX: (++011-503)2243-7857; 2243-9930
Charles L. Glazer, U.S. Ambassador to El Salvador
Tel. (011-503)2501-2999
Fax: 2501-2154
Oscar Humberto Luna, Ombudsman for the Defense of Human Rights
Tel. ++ 503-2222-0011
Fax: ++503 - 2222-0655
Lic. Felix Garrid Safie, Attorney General of the Republic of El Salvador
Telephone: ++503-2231-8300
Fax: 503-2243-9930; 2243-7857
Send copies of all correspondence to CIS: Fax: ++011-503-2235-1330 or
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SIGEESAL needs financial assistance to organize people to defend their constitutional right to health care as well as legal support for unionist members. Please consider making a contribution of $200, $100, $50 or whatever amount you are able to donate:
CIS Human Rights Fund will be designated to support SIGEESALs work.
Donations can be made out to: Los Olivos CIS
PO BOX 76
Westmont, IL 60559-0076
*Make a note for SIGESAL human rights fund. |