Pacific Rim v. El Salvador: The Tribunal Begins

Here’s the latest from Tom Shrake and Pacific Rim:

Pac Rim Cayman, LLC (“Pac Rim” or the “Company”), a Nevada corporation and a wholly-owned subsidiary of Pacific Rim Mining Corp. (TSX: PMU)(NYSE Amex: PMU) (“Pacific Rim”) has received notice from the International Centre for Settlement of Investment Disputes (“ICSID”) that the three nominations for arbitrators in the Company’s action under the Central America-Dominican Republic-United States of America Free Trade Agreement (“CAFTA”) and the El Salvadoran Investment Law have all accepted their appointments. As a result, the Arbitral Tribunal is therefore deemed under ICSID Arbitration Rule 6 to have been constituted. For additional information about Pac Rim’s claims against the Government of El Salvador see Pacific Rim news release #-09-03 dated April 30, 2009 or its 2009 Annual Report.

“This is a key milestone in Pac Rim’s claim as the arbitration process will now get fully underway,” states Tom Shrake, CEO. “The next step is for the Arbitral Tribunal to convene a hearing to set out the further procedures in the arbitration. The shareholders of Pacific Rim can rest assured that although the arbitration will proceed as quickly as possible, we continue to maintain a dialogue with the Government of El Salvador to find a resolution to our dispute to the benefit of both parties. Pacific Rim has worked with both local residents and their elected officials, and the Government of El Salvador, to design a mine plan for the El Dorado deposits that sets new environmental protection standards for Latin America. We are committed to responsible mining that can put the people of Cabanas back to work in these extremely difficult economic times. El Salvador has tremendous gold wealth that can be translated to jobs and economic prosperity in the poorest region of the country in a safe and responsible manner.”

About the Company

Pacific Rim is an environmentally and socially responsible exploration company focused exclusively on high grade, environmentally clean gold deposits in the Americas. Pac Rim’s primary asset and focus of its growth strategy is the high grade, vein-hosted El Dorado gold project in El Salvador. The Company owns several similar grassroots gold projects in El Salvador and is actively seeking additional assets elsewhere in the Americas that fit its project focus. All references to “Pac Rim” or “the Company” encompass the Canadian corporation, Pacific Rim Mining Corp, and its U.S. and Salvadoran subsidiaries, Pac Rim Cayman LLC, Pacific Rim El Salvador, S.A. de C.V., and Dorado Exploraciones, S.A. de C.V., inclusive.

On behalf of the board of directors,

Thomas C. Shrake, President and CEO

Forward-Looking Information

Information set forth in this document may involve forward-looking statements. By their nature, forward-looking statements are subject to numerous risks and uncertainties, some of which are beyond Pacific Rim’s control, including: the schedule and commencement date of future arbitral hearings; the outcome of any ongoing discussions with the Government of El Salvador; and the outcome of the arbitration against the Government of El Salvador. Readers are cautioned that the assumptions used in the preparation of such information, although considered reasonable at the time of preparation, may prove to be imprecise and, as such, undue reliance should not be placed on forward-looking information. Pacific Rim’s actual results, programs and financial position could differ materially from those expressed in or implied by these forward-looking statements. Readers are urged to thoroughly review the Company’s Risks and Uncertainties as outlined in its 2009 Annual Report.

 

Funes Administration Not Yet Scoring Well on Women’s Issues

A recent survey conducted by Las Dignas (Women’s Association for Dignity and Life), found that Salvadoran women give President Funes a score of 6.91 out of 10 for his efforts to address women’s issues during the first 100 days of his administration. Amidst an alarming wave of violence against women, including feminicide, sexual assault and aggression, and domestic violence, Salvadoran women evaluated the new administration and expressed their opinions about steps taken to fulfill campaign promises.

The following are a couple of the questions in the survey, and some analysis of the responses.

Are the Funes Administration Initiatives responding to the Needs of Women? Women acknowledge that within the first 100 days of his administration, Funes has actively worked on stabilizing the economy, improving security, and fighting corruption. To combat the economic crisis the Funes administration has implemented a number of initiatives including; gas subsidiaries, control of basic services such as water and electricity, and educational support. Over 77% of women recognize that the government has eliminated ghost positions in efforts to combat corruption and 73% acknowledge that there has been a significant reduction in unnecessary expenses in public institutions.

Respondents of the Las Dignas survey, however, believe that the Funes administration fails to prioritize women’s rights issues. When asked whether government programs directly benefit women, only 7% responded in the affirmative. A very high 78% of women believe that the government is not doing anything to combat violence against women. In fact, 85% of respondents believe that cases of feminicide have increased, while 76% believe that domestic violence over all has risen. El Salvador reports an average of 14-15 cases of feminicide every month, many of which are the result of domestic violence. Semlac Ima Guirola, the director of Las Dignas, says that the high rates of feminicide are the result of a weak judiciary, impunity, and superficial investigations that follow when women file claims of abuse. With regard to employment rights for women, including discrimination and the lack of employment, only 6% of respondents believe that the government has taken a strong initiative.

Funes’ Campaign Promises and the Expectation of Salvadorian Women

During the campaign, now President Funes stated that we would make the rights of single women, pregnant women, and women with businesses at top priority as they struggle to support and educate their children. In doing so, he promised three central projects: Ciudad Mujer (Woman City); Madre Feliz (Happy Woman); and Madre Productiva (Productive Woman).

When complete, Ciudad Mujer will have a location in each of El Salvador’s 14 departments that will provide services just for women. The services will include health care, legal aid, psychological counseling, microcredit and business planning, training in different trades, and others. Madre Feliz and Madre Productiva are smaller projects that will complement Ciudad Mujer. Madre Feliz will provide free medication, baby food, and transportation to doctors appointments for pregnant women, while Madre Productiva will provide lines of credit to women in rural or urban areas who have or want to start a business.

While these are great projects on paper, they have yet to begin providing services, and as a result 53% of women believe that Funes is not fulfilling his campaign promise.

Despite disappointment thus far, Salvadoran women continue to have high expectations for the remaining of Funes’ time in government. Almost 52% of women expect the government to implement measure that combat violence against women. They also expect the government to take affirmative measures to provide job security, access to loans, and affordable medication.

Just a reminder – We at Voices on the Border are continuing our Virtual Delegation discussion about women’s rights in El Salvador. This past Tuesday we spoke with Tara Mathur from the Workers Rights Consortium about labor conditions of women working in the maquillas in El Salvador.

In the coming weeks we will be speaking with Morena Herrera, who is a founding member of Las Dignas, member of the board of directors of the Women’s Collective for Local Development in El Salvador. Since the early 1990’s she has been fighting to increase public participation among women, and ensure that their voices is heard by those in power. In coming weeks we will also be speaking to Salvadoran Supreme Court Justice Mirna Perla, who has been a leader in human rights for many years. We will also be speaking with Dr. Miriam Cramer from Basic Health El Salvador, who will talk about women’s health issues in El Salvador.

There is no fee to participate, though donations are always welcome – just drop us a note (voices@votb.org) and we’ll send you the call in information.

Immigration Reform Update

Just over a year ago, President Obama made many promises, one of which was to fix the broken immigration system.  While his administration has made significant steps in fulfilling promises such as closing Guantanamo Bay and health care reform, immigration reform has been put on the back burner.  Some fear that with the health care debate dragging on, the administration and Congressional leaders may not have the political stamina to push through another highly contentious issue before the 2010 elections.

Rep. Luis Gutierrez (D-Ill) is one of the few politicians who believe immigration to be a pressing issue, and in October 2009 he announced that he is planning to introduce his own immigration reform legislation.  In a press release, Rep. Gutierrez stated,

“[w]e simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. It is time we had a workable plan making its way through Congress that recognizes the vast contributions of immigrants to this country and that honors the American Dream.  I am preparing such a plan, and will introduce it in the near future.”

If signed into law, Rep. Gutierrez’s bill would have a profound impact on undocumented Salvadorans living in the U.S.  It would, in part, provide a pathway for undocumented workers to earn to a visa or citizenship.  The bill would also make it easier for family members in El Salvador to join their relatives in the U.S. as well as expand the scope of labor rights to include undocumented workers. It would also strengthen the Dream Act so that the children of undocumented immigrants can more easily access public schools in the U.S.

On November 13, 2009, Secretary of Homeland Security Janet Napolitano voiced her support for immigration reform, and expressed confidence that it will happen in early 2010.  Speaking at the Center for American Progress, the former govenor of Arizona said that the current economic and political climate are more suitable for reform than in 2007, when the Bush Administration tried to get reform passed.  She cites reports that the flow of undocumented workers is half of what it was in 2007 due to the weakened economy, but warned that the flow is likely to resume as the economy rebounds.  She believes that reform is necessary now, so that the U.S. will be able to better manage the increase of immigrants that will likely follow the rising economy.  Secretary Napolitano also argues that the U.S. has achieved many of its goals in securing the border.  The 700-mile wall, which she opposed as the governor of Arizona, is almost complete; the Border Patrol now has over 20,000 officers securing the border area; and more than 167,000 employers at 639,000 work sites use the E-Verify System.  

In expressing her support, Secretary Napolitano said that reform had to be a “three-legged stool that includes a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those already here.” Undocumented immigrants, she believes, ought to pay taxes, undergo criminal background checks, and learn to speak English.  Napolitano also echoed one of the common arguments for reform – that immigration is part of the American identity and that the current system is broken.  The status quo, she argues, only hurts American workers and weakens the U.S. economy.  It also encourages migrants to embark on dangerous journeys during which they intrust their lives to smugglers along the Mexico-U.S. border.  And without rights or access to the legal system, undocumented workers are often forced to work for lower wages, which in addition to not being just, adversely affects the wages of all workers. Secretary Napolitano also pointed out that the current visa requirements also harms those in the agricultural and service sectors, who are often unable to find enough workers.  

Richard Hobbs, an immigration lawyer and Associate Director of SIREN (Services, Immigrant, Rights, and Education Network) echoed the sentiments of Rep. Gutierrez and expressed many of the concerns raised by Secretary Napolitano.  Mr. Hobbs recently wrote, “as he holds forth the promise of remaking America, we must hold President Obama to his promise for just and humane immigration reform, with deliberation and due haste.” He goes on to argue tha the Obama Administration’s policies on job creation and health care reform are meaningless to the 12 million people living in the U.S. illegally.  Similar to Rep. Gutierrez and Secretary Napolitano, Mr. Hobbs favors creating a path towards legalization for immigrants who come to the U.S., and work and contribute to our economic development, noting that two-thirds of American voters agree on this point. He also states that 57% of voters support more comprehensive approach to legalization, as opposed to the 28% that would rather rely solely on law enforcement. Mr. Hobbs also adds that legalization would add 12 million new tax-payers to the system, which would increase government revenues.  On its website, SIREN states that they would welcome the reforms offered in Rep. Gutierrez’s bill.

With health care reform debate heading into what may be the final stretch, perhaps Secretary Napolitano’s optimism that immigration reform will happen in 2010 is justified.  It is unlikely that politicians will be willing to take on such a controversial topic too far into the 2010 election year, and the political landscape after November 2010 is more than uncertain.  The time for reform is now. 

Please get inolved in supporting immigration reform now.  Here are a couple links to organizations that are working on immigration reform and related issues:

Reform Immigration for America: http://reformimmigrationforamerica.org/

National Council of La Raza: http://www.nclr.org/content/topics/detail/500/

MALDEF: http://maldef.org/truthinimmigration/

BorderLinks: http://www.borderlinks.org/

SIREN: http://www.siren-bayarea.org/

 

Part II – Recent threat of Curfew Displays High Levels of Fear and Insecurity in El Salvador

A couple days ago we posted an article on how violence and insecurity is gripping El Salvador, as exemplified on October 19, when a rumor of a gang uprising or riots was enough to impose a 6 pm curfew on San Salvador.   Violence in El Salvador is much higher than it has been in previous years. The Salvadoran police are reporting 3,673 homicides so far in 2009, a 40% increase over the same period last year.

If the allegations reported by Diario Co Latino are true, a few government officials could be responsible for stoking the violence and sense of insecurity in an attempt to destabilize the new Funes Administration.  One or more police investigators allege in a letter that PCN Congressman Antonio Almendáriz has been working with police officials, government prosecutors, and judges in San Salvador to weaken the legal system and thereby allow the violence to continue.  According to the plot, the new administration, which took office in June of this year, would appear as though they are unable to ensure security, and weaken their high-level of support with the Salvadoran people.

The police investigators allege that four judges of the peace had united and declared that they were “against the system.”  This was a particular problem for the police investigators who sought support from the judges in arresting those responsible for spreading the rumors of the supposed gang attack on October 19.  The police managed to find other judges to work with and finally arrested twelve suspects who were in possession of hand grenades, firearms, and police uniforms. When in custody, the suspects said that a police official in Apopa, a municipality north of San Salvador known for its high levels of gang activity, gave them the arms and uniforms. The same police chief has strong ties to the four judges who declared themselves “against the system.”  It remains unclear whether there was an actual gang uprising planned, or if it was a scare tactic that the Congressman, police, and judges had come up with.

In a related story, the Associated Press, El Faro, Tim’s Blog, and others are reporting that the Funes administration has approved a plan to increase the military’s role in domestic security.  For many years, the military has provided 1300 soldiers to help police patrol high crime areas.  The Funes’ administration did not provide a specific number, but thousands more soldiers will join police in patrolling dangerous areas, searching for persons of interest, increasing security at prisons and youth rehabilitation centers, and other such tasks.  The extra troops will support police in five of El Salvador’s departments – San Salvador, Sonsonate, La Libertad, Santa Ana, and San Miguel.

Since the signing of the 1992 Peace Accords, the police are responsible for ensuring public security.  According to the Constitution, the executive may only use the military for domestic security in extraordinary circumstances, and only with the approval of the Legislative Assembly.  The plan will begin Friday, November 6, and in 180 days the administration will submit a report to the Legislative Assembly discussing the benefits of the program, and recommend whether or not the military ought to continue supporting the police.

Though the majority of those living in San Salvador support the use of military in domestic security, many civil society organizations and the Church have expressed concerns that the use of military will result in more violence and human rights abuses (Tim’s Blog has posted several of their statements) .

Their concerns are valid and ought to be carefully considered by the Funes Administration, Legislative Assembly, and people of El Salvador. Force is not a long-term solution to gang violence, as we learned with Tony Saca’s “super mano duro.”  Gang violence is deeply rooted in economic and social inequalities that have plagued the country for generations. Real solutions require a long-term commitment to sustainable development that benefits all sectors of Salvadoran society.  Such development will be impossible until stability and security is restored – if the military can help out while the police improve their ability to enforce the law, the Funes Administration may be justified in deploying them.

Perhaps more importantly, sustainable development will be impossible until public servants put an end to the kind of partisanship that leads some to undermine the security and wellbeing of the people they are supposed to serve, in order to further their own cause.

Recent threat of Curfew Displays High Levels of Fear and Insecurity in El Salvador

On October 19th, the high levels of fear and insecurity in El Salvador were on full display. A rumor spread through San Salvador via email and word of mouth that a street gang would conduct raids that night, and that everyone had to be off the street by 6 pm. By afternoon the streets of San Salvador were flooded with people trying to return home by the alleged curfew. Schools in Lourdes, San Martin, Colon and Apopa sent students home early and some businesses closed down in response to the threat.

Police Director, Carlos Ascencio asked residents not to give into a “collective panic over an unreal risk” and to have faith in the PNC and the armed forces in assuring their safety. However, as preventative measures, the armed forces launched helicopters in San Salvador and Illopango, and at 6 pm shut down the highway that connects Soyapango to San Salvador.

No one has yet confirmed that the gangs were the source of the threat, or that there was ever any increased danger. Some in San Salvador continue to believe it was a real threat made by the gangs in response to President Funes’ announcement that he would consider increasing the use of the military to fight gang violence throughout the country. Others believe that some in the opposition party used the scare tactic to destabilize the country and the ruling FMLN government.

Real or not, the response across Salvadoran society is demonstrative of the extreme levels of fear and insecurity among populations across the country. The PNC reports that so far in 2009, El Salvador has had 3,673 homicides, its highest murder rate in 5 years. In October alone, the PNC reports 431 homicides, approximately 16 a day. According to the United Nations Development Program, the violence has resulted in extreme insecurity. Forty percent of Salvadorans limit where they shop due to violence, while 37% do not use public recreational spaces. Another 14.2% of Salvadorans have moved to a different community, while 12.2% have closed a business out of fear of being robbed or killed.

As discussed on Tim’s Blog, President Funes recently announced that he would consider a proposal to integrate 50% of the Armed Forces into the PNC to combat the growing violence. While the plan received some initial support, many Salvadorans believe it to be too radical and fear it would lead to even greater levels of violence and repression. Funes, however, stated in an interview “… it was a courageous proposal” and left open the option of implementing it in the future.

Many civil society leaders have vocalized their disagreement with the plan. In addition to many others highlighted on Tim’s blog, representatives from the Salvadoran Foundation for Economic and Social Development (FUSADES) have spoken out against increasing the military’s role in domestic security. The primary argument against militarization of the police force is that the military will only contribute to the already high rates of violence. The military has been patrolling parts of El Salvador for many years, and point out that during this period, the violence has only risen. Some have also expressed a fear that it would give the military too much power in El Salvador, and possibly lead to an overthrow such as the one in Honduras this past summer.

Whether or not the military becomes involved, it is clear that the PNC has not been able or willing to provide security and curb gang activities, or instill a since of security among residents of San Salvador. Even if the October 19th threat was a hoax or false alarm, the city’s collective reaction is indicative of the great sense of fear that permeates all sectors.

ISTA Representatives Meet With Communities in the Lower Lempa to Discuss Land Titles

Nicolle Katrivanos,* San Salvador – On Saturday, October 24^th, the Association of the United Communities for Economic and Social Development of the Lower Lempa (ACUDESBAL) hosted a meeting between the Salvadoran Institute of Agrarian Transformation (ISTA) and representatives from 29 communities in the region.  The meeting permitted citizens of the Lower Lempa to address land-use issues with ISTA, which oversees the implementation of land reform in El Salvador. Over 100 campesinos attended the meeting to voice their concerns and provide support to their neighbors. 

The majority of those in attendance expressed concerns about land titles, appraisal of their land, and fraud. As is the case all over El Salvador, many farmers have possession of their land, but do not have a proper title.  When the government redistributed land following the 1980 Agrarian Land Reform Act and the 1992 Peace Accords, many received a plot of land, but not a title.  Nationally, 116,000 landowners have requested a title to their land, and are waiting for ISTA to respond.  This has been an important issue for the new Funes Administration, which issued 3212 titles in its first 100 days, according the to the ISTA website.  Without title to their land, campesinos are under a constant threat that either a private company or a government entity will challenge their right to their land. Numerous studies over the years have also shown the obvious – that if people do not have a title, they are much less likely to invest their limited resources to improve the land that the live on, limiting their economic opportunities and stifling national productivity.

Other campesinos have a proper title to their land, but still have trouble proving what land is there’s when challenged. Still others in the Lower Lempa have been victims of fraud.  Individuals posing as ISTA representatives have been collecting fees from campesinos in exchange for land they have no authority to distribute.

ISTA representatives at the meeting included its president, regional officer, and a general officer, who all documented comments and concerns voiced by the attendees, and responded directly to each one.  They acknowledged that for the past 20 years, the needs of the campesinos have been set aside, and that they would vindicate their struggle. They stressed that their goal is to distribute land in an objective, transparent, and responsible manner, cautioning that the process would be long.  ISTA representatives also encouraged campesinos to take legal action against individuals perpetrating fraud, assuring them they would support their cases.

In general, the attendees left the meeting satisfied with their interaction with ISTA officials. Participation in the discussion was strong and attendees came prepared with tough questions, and ISTA representatives responded in a productive manner. Meetings are a beginning, but residents of the Lower Lempa said they would save their excitement and optimism until they had secure titles to their land.

*Nicolle Katrivanos is a new Voices volunteer from Maryland who will spend the next 5-6 weeks living in San Salvador and reporting on development issues throughout the country.

Proposed Trade Act of 2009 May Lead to Change in Arbitration Provisions in CAFTA and Other Trade Agreements

Congressman Michael Michaud (D-ME) and 106 other members of Congress recently introduced the TRADE (Trade Reform, Accountability, Development, and Employment) Act of 2009, which calls for a reevaluation of international trade agreements.  The bill would in part require existing and future trade agreements to include a ban on investor-state dispute settlement mechanisms, providing for state-to-state dispute resolution instead. Currently, Chapter 10 Section B of CAFTA-DR permits investors to sue a government if their investment has been undermined in a manner that amounts to expropriation, or violation of the national treatment or the most-favored-nation treatment standards outlined in Section A of Chapter 10.

Currently, Pacific Rim Mining Corporation is pursuing arbitration over its mining investment in Cabanas, claiming that the Salvadoran government violated its rights under Chapter 10 of CAFTA, Section A when they denied the mining company exploitation permits. Prior to CAFTA-DR, Pacific Rim would have had to take its complaint to their own government, and asked them to seek arbitration on their behalf – state to state. In fact, state-to-state dispute resolution remains a principle of international law, and only signatories to CAFTA, NAFTA and other trade agreements are subject to a claim by a non-state actor.

Provisions such as those found in Chapter 10 of CAFTA and other agreements give non-state investors unprecedented rights and influence over the domestic affairs in a foreign country.  For centuries, international and domestic law has embraced the principal that foreign affairs are best handled by states, and in the case of the U.S. the executive branch. Giving non-state investors the right to sue a sovereign state not only undermines a government’s ability to care for the needs of its people, but can also undermine the foreign policy and national interests of the investors’ native country.

Civil society organizations in the U.S. and Latin America have expressed their support for the bill, joining the Obama Administration, the U.S. State Department Subcommittee on Investment, and others who believe that non-state investors should not have the right to sue a foreign government.  President Obama has stated in the past, “with regards to provisions in several [Free Trade Agreements] that give foreign investors the right to sue governments directly in foreign tribunals [he would] ensure that foreign investor rights are strictly limited.”  The State Department Subcommittee on Investment of the Advisory Committee on International Economic Policy Regarding the Model Bilateral Investment Treaty recommends the change to state-to-state dispute resolution mechanisms proposed in the TRADE Act, because it would require investors to first exhaust domestic remedies and allow governments to prevent frivolous or harmful claims.

The need to protect foreign investors from expropriation and enforce national treatment and most-favored-nation standards are very legitimate. However, even under the state-to-state dispute resolution system, Pacific Rim would still be able to seek restitution, but they would have to first convince either the Canadian or U.S. government (they have registered corporations in both countries) to negotiate a settlement or seek arbitration on their behalf.  If their claim was legitimate, either government should have been more than willing to advocate on their behalf.  As it is, Pacific Rim has successfully divided the country of El Salvador, and caused the government to invest valuable resources into defending itself against lawsuit that will likely turn out to have little merit.

If passed, Congressman Michaud’s TRADE Act of 2009 would be the first step in restoring balance and order to the international community and prevent the interests of a few corporations to trump those of sovereign nations.

Bombing in Cojutepeque

Over the weekend, the Latin American Herald Tribune and El Diario de Hoy reported that Friday two teenagers were killed and four others wounded when a bomb or grenade exploded in the downtown area of Cojutepeuque, a city located about 20 miles outside of San Salvador. The youth were in the parking lot of a fast-food restaurant when unidentified attackers threw the bomb, which exploded causing severe injuries.  The two teens died before they could receive treatment at the Cojutepeque hospital. 

Investigators have yet to determine who instigated the attack or their motives.  Though violence in El Salvador is increasing, and police report between 10-12 murders everyday, these homicides stand out because the assailants used a bomb.

The bombing occurred two days after the UNDP released a report that ranks Central America as the most violent region in the world. As a region, Central America’s murder rate is 33 homicides per 100,000 inhabitants – the World Health Organization considers a murder rate greater than 10 per 100,000 an epidemic. Honduras, El Salvador, and Guatemala lead the region with homicide rate of 58, 52, and 48/100,000 respectively.

Hernando Gómez Buendía, who coordinated the report for the UNDP, stressed that the issue is more complex than comparing regional homicide statistics.  Mr. Gómez Buendía cites a survey within the report that reveals the populations’ high sense of insecurity.  For example, 14% of those surveyed had been a victim of a crime in the past year. El Salvador has the highest victimization rates, with 19% reporting that they were victimized.  Only 8.3% of Panamanians, however, reported being the victim of a crime, the lowest in the region. The insecurity that results from violent aggression, rape, kidnapping, corruption, and other crimes has an adverse affect on a country’s development. 

The UNDP report identifies the security policies adopted by Central American governments as a large part of the problem. UNDP official Marcela Smutt says “the policies were insufficient and ineffective in their efforts to control the violence, and they were irresponsible by giving their populations a false sense of security.” The report specifically cites El Salvador’s Super Mano Duro (heavy hand) policy, which was also adopted by Guatemala and Honduras.  The policy enacted a zero tolerance program that violated the basic due process and human rights of those believed to be involved in the violence, without addressing the roots of the violence.  During the life of Super Mano Duro, the homicide rates and violence increased considerably. Gómez Buendía said in an interview “it is necessary to understand that the phenomenon of youth gangs and violence is constantly changing.  We must also consider the issues of organized crime, drug trafficking, and corruption when considering how to address the problem of youth gangs.”

The Impact of Global Warming on the River Basins of the Lempa River in El Salvador

This week, El Faro posted a story on a recent environmental report that identifies the Lempa River Basin as one of the regions particularly vulnerable to climate change. Dr. Edwin P. Maurer and his colleagues from the University of Santa Clara authored the report, in which they find that storms in the Central American region will continue to grow in both intensity and frequency.  Their review of climate change models also reveals that the region is also vulnerable to more frequent droughts. 

The Lempa River Basin is the largest river system in Central America, passing through Honduras, Guatemala, and El Salvador before emptying out in to the Pacific Ocean.  With a drainage area of 18,000 km2, it is directly affected by changes related to global warming, according to the report. In addition to providing water resources to cities and communities throughout Central America, the Lempa River generates an estimated half of El Salvador’s energy via hydroelectric dams. The report attempted to answer 3 main questions. The first, what are the projected changes in the rain and temperature in the river? The second, what are the projected changes in the flow of the river? Lastly, will the impact of climate change be statistically significant?

The report found that by the end of the 21^st Century, the Lempa River Basin will likely experience the following changes:

• The average temperatures will rise 1.9-3.4 degrees centigrade, with the highest increases during the months of June and July;
• Climate change models agree that the region will be drier, with a 5-10% decrease in precipitation – they project that May and June will be much drier, extending the dry season well into the first half of the rainy season;
• The flow of water to the largest hydroelectric dams will decrease by 13-14%;
• July and August will experience the greatest decrease in flow of water, falling off 21-41%;
• The capacity to generate electricity will likely decrease by 33-53%.

The report’s findings have serious implications for El Salvador. The authors advise that agencies in charge of water management in the region prepare for a reduction in water resources for consumption purposes, and energy production. The impact will also affect agricultural production, at very least shortening the growing season, which traditionally begins in early May.  Farmers who depend on the Lempa River to irrigate their crops may also have fewer water resources with which to do so.  El Salvador’s water supply has already decreased in recent years, with dramatic drops in water tables, and widespread contamination of the country’s surface waters.  A further decrease in water resources could be catastrophic.

The report also has implications for the El Chaparral Dam project in Northern San Miguel. While El Salvador’s demand for energy may increase, investing in another hydroelectric dam seems like a poor use of limited resources when other options such as solar and wind energy production are viable.

Though much of the report discusses the impacts of droughts and decreases in precipitation, the climate change models also predict that the region will experience stronger storms more frequently.  This could mean that regions such as the Lower Lempa region San Vicente and Usulután could experience even more flooding. 

Industrialized countries such as the U.S., China, India, and others have time to lower their carbon emissions and lessen these impacts.  Until they do, communities in the region ought to begin preparing. Possible steps may include strict water management regulations that ensure equal access to water resources, and end the large-scale contamination of surface waters with industrial and municipal waste.  El Salvador and its neighbors ought to continue its fight to prevent mining activities that threaten water resources such as the Lempa River with heavy metals and other toxic waste.  The government of El Salvador must fulfill its obligation to complete the systems of levees and drainage ditches that protect the Lower Lempa of Usulután and San Vicente, and other regions from flooding during strong storms, prolonged rains, and mismanagement of the hydroelectric dams.  And each community ought to have risk management and emergency response plans in place that anticipate all scenarios and consider impacts on food production and economic development. Most importantly, we should all take greater steps to lower carbon emissions, and pressure governments of industrialized countries to agree to tougher regulations that lower emissions.

International Forum on Women’s Rights in El Salvador

Last week, Voices staff attended the International Forum on Women’s Rights at the National University of El Salvador.  The forum was a collaborative project between a number of domestic and international women’s rights organizations including Las Dignas and Ormusa, the National University’s Center for Women’s Studies, and the United Nations Development Program. Speakers and participants from Spain, Mexico, Costa Rica, and El Salvador gathered for three days to discuss issues such as violence against women and femicide, reproductive rights, and legislative discrimination.

Dr. Ana Caredo from Costa Rica, for example, discussed problems relating to violence against women in Central America. Her analysis focused on the term “genero” and its social inferences, as well as the lack of an international convention on violence against women.  In Spanish “genero,” refers to women, the discrimination they face, and the power struggle between the sexes. Dr. Caredo posited that over time Latin America cultures have accepted male dominance and the power imbalance between the sexes, which has resulted in an increase in violence against women.  She also argued that the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and other international agreements fail to address the issue of violence against women.  With the murder rate of women growing exponentially, Dr. Carcedo called for the international community and all governments in the region to take appropriate action to achieve balanced power structures and end the violence.

Dr. Ximora Laza, a Salvadoran human rights attorney addressed discrimination against women in Latin America from a legislative perspective. Dr. Laza focused on four types of discriminatory legislation in Latin America.  Some laws are directly discriminatory, while others indirectly discriminate.  She also categorized some laws as arbitrarily inverse measures, meaning that they seem to give women preferred treatment but have a discriminatory affect.  Others laws are “false measures,” which are paternalistic or falsely protect women. The Salvadoran Labor Code, for example, prohibits women from working night shifts or handling certain toxic substances. These provisions limit opportunities for women in the workplace and seek to preserve their role as family caregiver, while perpetuating the power imbalances between men and women.

These were but two of the speakers who highlighted different aspects of gender inequality in Latin America.  Despite the wide range of important issues discussed at the forum, abortion and same sex marriage were never addressed. Though debates over these issues are elements of women’s rights discussions around the world, in El Salvador they remain taboo, even for a forum at the National University.

The forum was well attended by male and female students and professors of all ages, who engaged speakers during question and answer sessions, and participated in lively discussions between panels. A key component of the Salvadoran population, however, was missing – campasinos (El Salvador’s rural population).  Power imbalances between the sexes and violence against women is often most prevalent in rural communities, yet their unique stories, points of view, ideas, and concerns were not represented on the panels or in the informal discussions during the breaks.

Voices is planning a delegation to El Salvador in August of 2010 to discuss women’s and gender issues such as genero, machismo, education, economic opportunities, and all other aspects of women’s rights.  In addition to organizing meeting with different groups and communities, we will invite a group of Salvadoran women to be a part of the delegation, which will allow the discussions to last long after the meetings are over. For more information, contact voices@votb.org.