This morning 5,000 Salvadorans from 150 civil society organizations and communities took to the streets in San Salvador to demand that the Legislative Assembly ratify a Constitutional Amendment recognizing food and water as a basic human right.
In 2012, the Salvadoran Legislative Assembly passed an amendment to Article 69 of the Constitution recognizing access to food and water as basic rights to be protected by the State. If the current Legislature ratifies the amendment, Article 69 will include the following language:
“All people have the right to adequate nutrition. The State is required to create food sovereignty and nutritional policies for all inhabitants. A law will regulate this issue.
Water is a resource essential for all of life, and as such the State is required to protect and preserve water resources and provide it for all inhabitants. The State will create public policies that regulate this issue.”
The Legislative Assembly first approved the amendment on April 19, 2012, just 12 days before the current legislature took office. To complete the process, this Legislature has to ratify the amendment before their 3-year term expires on April 30.
When the marchers reached the Legislative Assembly this morning, Diputados (Representatives) Lourdes Palacios and Yoalmo Cabrero greeted them and declared that all 31 representatives from their leftist FMLN party would vote in favor of the amendment. They pointed out, as did many marchers, that it was the right-wing ARENA, PCN, and PDC representatives that have blocked ratification. During a meeting last month with members of MOVIAC, Representative Palacidos said that they have brought the ratification vote to the floor twice and both times ARENA, PCN, and PDC [representatives] blocked its passage. She also said that they have yet to give a valid argument for their opposition.
A statement released by MOVAIC (the Movement of Victims Affected by Climate Change), declared that “water and food, like air, are elements essential for human life and other creatures of the biosphere. Human beings are unable to live without food and water.
“It seems like a lie and its shameful that in the twenty-first century, fifty years after we put a man on the moon and reached high levels of scientific and technological development, that we still are fighting for the recognition of such fundamental rights as access to food and water.”
The holdup seems to be privatization. MOVIAC and others believe that the ARENA, PCN, and PDC Representatives blocking ratification of Article 69 are backing the corporations and investors that want to privatize and control water and food. Representative Palacios confirmed that the opposition from the conservative parties is strong.
In addition to calling for the ratification of the amendment, marchers ask Salvadorans to vote against any legislator or party that has refused to support ratification (on March 1, El Salvador will hold elections for the Legislative Assembly and Municipal governments).
Water resources in El Salvador are scarce and for years Salvadoran organizations have fought to ensure that all Salvadorans have access to potable water. Currently, 20% of Salvadorans do not have access to potable water. That means they have to get water for drinking and to run their household from surface waters, 90% of which are contaminated with agrochemical runoff, untreated industrial waste, raw sewage and other pollutants.
Access to adequate food and nutrition has become more difficult in recent years. Neo-liberal economic policies prioritize using El Salvador’s farmland for growing exports like sugarcane instead of corn, beans, and vegetables for local consumption. U.S. policies such as Partnership for Growth, the Central American Free Trade Agreement, and others have made it increasingly difficult for families to feed themselves or make a living farming.
Ratifying Article 69 of the Salvadoran Constitution will not mean that everyone will have access to water and food, but it will require the executive and legislative branches to take affirmative steps in that direction – like passing the water law that has been lingering in the Legislative Assembly for 10 years.
News out of El Salvador is generally bad – gangs and violence, and 60,000 youth showing up on the U.S. border. That won’t change with the government doubling down on “mano duro” policies and tougher law enforcement. Things will only get better when the government is ready to engage in long-term solutions that ensure Salvadorans have what they need to survive, and nothing is more fundamental than access to food and water.
The inability for some politicians to recognize that people should have the right to access food and water indicates just how far El Salvador has to go before it can resolve its more complicated issues.
Last Wednesday, October 15th hundreds of people stepped out into a soft rain in San Salvador to celebrate Food Sovereignty Day and World Food Day. Perhaps more than celebrating, marchers were demanding that the Salvadoran government take specific actions so the population can achieve food sovereignty.
Food sovereignty is a fairly straightforward concept articulated first by La Via Campesina in 1996. It simply asserts the right of people to define their own food systems, placing the individuals who produce, distribute, and consume food at the center of the decisions on food systems and policies.
Marchers had some very specific policy points they want their government to address. (If this post and these demands sound familiar, they held a similar march last year making many of the same demands.)
First, marchers want the current Legislative Assembly to ratify an amendment to article 69 of the Constitution recognizing food sovereignty as a basic right enjoyed by all Salvadorans. The previous Legislative Assembly passed the amendment but to complete the process the current Assembly has to ratify it. Similarly, over the past two years, civil society has also lobbied the Legislative Assembly to pass a Law on Food Sovereignty, which would promote the sustainable production of food production and regulate other activities that affect food sovereignty.
The marchers also want the Legislative Assembly and President Sanchez Cerén to ban a long list of toxic agrochemicals. Last year the Legislative Assembly passed a bill banning fifty-three agro-chemicals (the bill amended an existing law that regulates agrochemicals). Instead of signing the bill, President Funes (2009-2014) took out the eleven most common (and harmful) agrochemicals, including Glyphosate, and sent the bill back to the Assembly. When the Legislative Assembly received the Funes’ changes, its members could have ignored them and signed the original bill into Law, or accepted them and signed it into law. Instead, they did nothing. This all occurred during the campaign for the March presidential elections, and the business sector was pressuring on the Funes Administration not to sign the ban. They argued that coffee plantations were combating leaf rust and a ban on agrochemicals would result in a loss of agricultural jobs and harm the economy. Marchers and civil society organizations, however, reject the dependence on agrochemicals and demand that the Legislative Assembly finally ban the use of all harmful agrochemicals in El Salvador.
Another important issue is the Water Law. Eight years ago civil society organizations drafted a law that guarantees all Salvadorans have a right to water. If passed, the Water Law would also ensure that the government could not privatize water resources. Instead of approving the draft law proposed by civil society, the Legislative Assembly began a long process of drafting its own. Unfortunately private interests such as ANEP (National Association of Private Business), and conservative political parties (ARENA and PCN) have been able to stall the process.
Another obstacle to achieving food sovereignty is sugarcane production. In regions like the Bajo Lempa of Usulután, sugarcane producers are buying and leasing large amounts of farmland. For example, two weeks ago Voices’ partners in La Tirana learned that a wealthy landowner that owns the land adjacent to their mangrove forests is leasing 400 manzanas (691 acres) of farmland to a sugarcane producer. United States economic policies are driving the demand for sugarcane. The Central American Free Trade agreement is allowing the U.S. to import more sugarcane at lower prices, and Partnership for Growth is providing incentives for El Salvador to increase exports rather than grow food for local consumption.
While sugarcane will make landowners wealthy, sugarcane production has a large, negative impact on the environment. Sugarcane producers use a lot of chemicals on their crops – fertilizers, herbicides, and pesticides. Just before a crop is ready to harvest, producers apply the herbicide Glyphosate (sugarcane is “Roundup Ready”) in order to ensure all the cane is ready to harvest at the same time. These agrochemicals, which are generally sprayed using a crop-duster, contaminate local water sources and nearby farmland, as well as villages, schools, soccer fields and homes. These chemicals are believed to be contributing to the extremely high rates of renal failure that has claimed tens of thousands of lives in recent years.
Sugarcane production affects food sovereignty in a few ways. First, farmland that could be used to grow food for local consumption is being used to grow sugarcane for export. This means that El Salvador’s dependence on food imports will continue to rise. The environmental impact of sugarcane also makes it harder for small farmers to produce food. Farmers complain that the spraying of agrochemicals contaminates their fields and destroys their crops. The herbicide Glysophate is one of the worst offenders. Upon contact it kills foliage, flowers, fruits, and vegetables that farmers cultivate. And large monoculture crops upset the ecosystems where farmers grow, diminishing bee populations, disrupting forests and animal life, and harming soil structures.
Marchers also demand that the government do more to protect the country’s fragile ecosystems, especially the mangrove forests along the coast. Families in and around the forests often sustain themselves by harvesting the crabs, clams, and fish that live in the mangroves. And an estimated 75% of all commercialized fish in the Pacific off the coast of El Salvador are hatched in the mangrove forests. If developers and sugarcane farmers are allowed to destroy these forests, they will also be destroying the livelihood and food source of tens of thousands of people.
Another threat to food sovereignty is mining. El Salvador currently has a de facto ban on mining. But there is nothing in place to prevent government officials from granting the extraction permits that allow mining companies to mine for gold, silver, uranium, and other minerals. Salvadoran civil society has argued for years that if the government allowed mining it would result in the contamination of the country’s farmland and water resources, greatly diminishing El Salvador’s capacity for food production.
In February 2014, then presidential candidate Sanchez Cerén spoke at an event hosted by MOVIAC to discuss environmental issues. During his comments, Sanchez Cerén said that as president he would sign legislation to ban mining. But five months into his presidency the Legislative Assembly and President Sanchez Cerén have yet to pass a ban. One reason given for the delay is that the legislatures don’t have enough votes. But some annalists say (behind closed doors) that politicians from all political parties give the impression they don’t want to ban mining, and use the lack of votes as an excuse to do nothing.
Again, none of these issues or demands is new, but people are protesting because there has been little to no action. While many celebrate the Sanchez Cerén administration as the second consecutive leftist government elected into power in El Salvador, many in the FMLN’s base are grumbling because they have not seen the kinds of changes they expected. Some have been reluctant to protest against the government officials they voted into power, believing the alternative to be far worse. But others are tired of the perceived inaction on issues related to basic rights such as food sovereignty and access to water, and are speaking up.
After more than a year of delays, the governments of El Salvador and the United States seem ready to sign a second Millennium Challenge Corporation (MCC) compact. Last weekend, Salvadoran President Salvador Sanchez Cerén said they would close the deal on September 30th.
The U.S. Embassy says the second MCC compact, which includes $277 million from the U.S. and $88.2 million from El Salvador, will “spur investment through public private partnerships and better regulations, improve the quality of education, and strengthen key logistical infrastructure.”
After the agreement is signed, the U.S. will disburse $10 million to FOMELINIO (the Salvadoran organization managing the grant) to lay the groundwork for MCC projects. From then it will take six to nine months before other funds will be released and projects can begin.
While the $277 grant from the U.S. is popular among Salvadorans and politicians, communities in the Jiquilisco Bay of Usulután remain strongly opposed to the aid package. They believe the MCC grant will help finance the destruction of the region’s fragile natural resources and agrarian culture.
As Voices has discussed elsewhere on this blog, developers want to use MCC funds to promote tourism along the coast. They are particularly interested in the Jiquilisco Bay, which they have proposed turning into the “Cancun of Central America.” The communities targeted for development argue that large-scale tourism projects will cause irreversible harm to the mangrove forests they rely on for their survival and beaches that critically endangered sea turtles use for a nesting ground.
Hundreds of families in the Bay region make their living by fishing and harvesting crab. For generations they have cared for the mangroves and beaches, protecting them and taking only what they need to survive. In theory the Ministry of the Environment is supposed to enforce laws that protect the forests and the right for local communities to harvest what they need to survive. But residents say the State does not get down there much, and few have faith in the Ministry’s ability or willingness to enforce laws.
Community leaders emphasize that they are not against tourism; they welcome visitors who want to tour the mangrove forests, bird watch, and even surf. They are opposed only to the kind of large-scale, unregulated development that investors are planning for the region.
Most of the opposition to MCC is due to the complete lack of public consultation. Community leaders are quick to point out that MCC and FOMELINIO officials have never been to the region to discuss development priorities or what is at stake when investors talk about turning the Jiquilisco Bay into the Cancun of Central America.
Manuel Cruz, a representative of El Chile, says his community is united in their opposition to the MCC grant. He says MCC or FOMELINIO representatives have never come to the region to discuss the grant, much less ask how it might benefit (or harm) the region. All they have heard is that investors want to use funds to develop tourism and that land speculators have been acquiring land all around them, denying access to mangrove forests and beaches that are supposed to be public land.
Another community leader who wishes to remain anonymous says that the closest thing to consultation he knows of was an informal conversation he had in March 2013 with a supporter of the MCC grant. The supporter, who works for an international NGO, said his community had to support the MCC because opposing it would be going against the FMLN party, for which there would be consequences. The community leader ignored the threat and his community remains united in its opposition.
Jose “Mario” Santos Guevarra, representative of the United Communities of the Bajo Lempa and the President of MOVIAC, has voiced opposition against MCC and FOMELINIO on several occasions. His concerns also focus on the lack of consultation from MCC and FOMELINIO. He argues that if MCC and FOMELINIO were really interested in building infrastructure and had consulted with the people, they would know that one of the biggest barriers to economic growth along the coast is the poor condition of the levees along the Lempa and other rivers.
Mario and many others see the lack of consultation as an indication that the MCC grant is meant to benefit rich investors – creating conditions for them to extract value out of the coastal region. He says that if the MCC was to benefit the people, it would not require a $100,000 counterpart to access grant funds. In theory, communities like El Chile, La Tirana, and others could apply for MCC funds to finally install potable water systems or connect to the electrical grid, which they need. But they are unable to front the $100,000 needed to receive MCC funds.
Over the past year and a half, Voices staff has shared these concerns over the lack of consultation with policymakers at the U.S. Embassy in San Salvador. We have extended at least three invitations to host meetings between Embassy staff, who have a role in the MCC grant, and coastal communities. The Embassy has declined each of these invitations.
According to newspaper articles, $110 million of the MCC grant will be used to expand a section of the Litoral Highway between the airport and Zacatecaluca. Another $100 million will be for education. That leaves another $155.2 million to cover administrative costs and support tourism and other development. Communities in the Jiquilisco Bay have not had a voice in the MCC planning or approval process, and it is unlikely that that they will have a voice in deciding which proposals for MCC projects get approved. That does not mean, however, communities are going to allow developers to destroy their mangrove forests, beaches and agrarian way of life. They will be paying close attention to how MCC and FOMELINIO use the funds and ensure none will be used to harm their fragile ecosystems.
Since Sanchez Cerén became the President of El Salvador on June 1, his administration has said securing the $277 million Millennium Challenge Corporation (MCC) grant is a top priority. Vice President Oscar Ortiz said they want to get it done within their first 100 days in office, which means within the next three months.
The MCC approved the grant in September 2013, but the US Embassy blocked the release of the funds until the government met conditions such as reforming the Public Private Partnership Law (P3 Law) and restructuring a popular seed program.
The P3 Law facilitates government contracts with private entities to provide public goods and services. The US Embassy made the P3 Law a prerequisite for the MCC funds but they don’t like the law passed by the Legislative Assembly. They don’t approve of the oversight role the Legislature created for itself – a committee that must approve all P3 contracts. The Embassy and business community also don’t like that the law exempts important public goods and services like water, health, education, and public security from public private partnerships.
One of the most vocal opponents of the P3 Law has been El Salvador’s labor movement. Unions fear that public private partnerships will result in a loss of jobs, decrease in wages, and even worse working conditions as private investors maximize profits. Other civil society organizations fear the P3 Law, even with the exemptions, will lead to the privatization of important goods and services – like water, health care, and education.
The US Embassy also doesn’t approve of the Seed Distribution Program operated by the Ministry of Agriculture (MAG). Officials argue the procurement process violates the Central American Free Trade Agreement (CAFTA) because the government only buys seeds from Salvadoran Farming Cooperatives, excluding international seed producers like Monsanto. The program provides thousands of jobs for people working for the cooperatives and ensures that more than 400,000 farmers have quality, non-GMO seeds.
Last week US Ambassador said that the Embassy’s problem was not with the seeds, but with the process. On May 2 Voices wrote an article arguing that the problem was not the seeds or the procurement process, but CAFTA.
The MCC program is popular with a lot of Salvadorans and politicians who see it as free money for development projects. But a growing number of environmentalists, unions, and communities argue that the Embassy’s conditions are too high a price to pay for development projects they don’t want anyway. And many see the conditions as an encroachment on El Salvador’s sovereignty.
Among those who oppose the MCC program outright are environmental groups and communities in the Jiquilisco Bay. MCC funds will support tourism development in the Bay and residents fear it will cause irreparable harm to mangrove forests, nesting grounds for the critically endangered Hawksbill sea turtle, and El Salvador’s most fertile agricultural land. (Voices has written about Tourism on this blog in the past – here are two reports we wrote on tourism in the Jiquilisco Bay).
Roberto Lorenzana, President Sanchez Cerén’s Chief of Staff said two weeks ago that the administration already has a draft Fomelinio Law (in El Salvador the MCC is called Fomelinio) that they will send to the Legislative Assembly soon. It’s unclear what is in the Fomelinio Law, but it likely contains all of the reforms the US Embassy is requiring for release of the MCC funds. Even before he became Chief of Staff, Lorenzana said the new administration is going to open the procurement process to national and international seed producers, in an apparent effort to satisfy the Embassy’s concerns.
While some Salvadorans have spoken out against the second MCC compact, the P3 Law and other neoliberal policies, many have not. The politics of opposing neoliberal economic policies grew more complex when the leftist FMLN party took office in 2009 and again on June 1, 2014. People and groups that organized against privatization, dollarization, CAFTA, and the first MCC compact (all policies adopted by the rightwing ARENA party between 1994 and 2008) have not been as critical since the leftist FMLN party took power. The result is that opposition to these destructive policies is less now that the FMLN is power.
El Salvador will soon get a $277 million grant from the U.S. Millennium Challenge Corporation, but it should be clear – this is not free money.
The 17 farming cooperatives that have been growing seed corn and beans for the MAG’s Seed Distribution Program will pay for the MCC grant when they have to compete with Monsanto and other international seed giants.
Communities that depend on the mangroves for their survival will pay for the MCC grant when developers cut down forest to build resorts and golf courses.
The Salvadoran labor force will pay for the MCC grant when private contractors take over government services and cut jobs and wages to increase profitability.
And all Salvadorans will pay if public goods and services like water, education, and health are contracted out to for-profit entities, especially if there is no oversight in the process.
The new Sanchez Cerén Administration has been in office for two weeks and is already having to manage in its first conflict between government agencies.
Attorney General Luis Martínez recently opened an investigation into Minister of Defense David Munguía Payés, in part for arms trafficking. The military was supposed to have destroyed hundreds of weapons but it seems they never got around to it. The Attorney General alleges they were instead sold to gang members.
The Minister Payés clarified this week in a conversation with La Prensa Grafica that the Attorney General “did not say that I was involved, he said that I was part of investigation.” While that might be the case, the Attorney General seems to be going after Payés pretty aggressively.
In fact, this last President Sanchez Cerén called on the Attorney General to make sure he has sufficient evidence before making accusations or filing charges, underscoring the sensitivity of the situation. The current Minister of Justice and Security, Benito Lara, also called on the Attorney General’s investigation to be thorough and objective. “This will have a big impact, because we are talking about the institution of the armed forces of this country, and that is why I say this should be a very objective and serious investigation.”
According to El Faro, Martínez has been investigating Payés since he became the Attorney General in December 2012. On May 30, 2014 just a couple days before Sanchez Cerén was inaugurated, the Attorney General’s Office tried to get records and archives from military bases concerning their arsenals, but they were denied access citing national security interests. Diario CoLatino reports that instead the Attorney General will interview the Minister of Defense on June 18 to discuss the allegations of arms trafficking.
In a related case, Attorney General Martínez is also investigating Payés and former FMLN diputado Raul Mijango for their roles in negotiating the gang truce, which was signed in March 2012. The truce, which reduced the murder rate from 70 per 100,000 own to 41, fell apart at the end of May when the homicide rate spiked to new highs.
Last week, Mr. Mijango met with the Attorney General’s Office for more than 12 hours talking about the truce and the role that he and others played in lowering El Salvador’s murder rate. The investigations are focused on alleged payments made to those who were a part of the process. Earlier in the year, members of the ARENA party said that while serving as the Minister of Justice and Security, David Munguía Payés made at least 10 payments between $2,000 and $5,000 to Mijano and others. The payments, which were allegedly made from the government coffers, would be a violation of Salvadoran law. Mr. Mijango admits that he received monthly payments of $1,500 for his role in negotiating the truce but he says the funds came from a nonprofit organization called Interpeace and not the government.
Last week when Mr. Mijango left his 12-hour interview with the Attorney General he told reporters, “I feel politically persecuted… but I’m not one of those people who pee in their pants in difficult situations.”
It is still unclear whether the investigations into Payés and Mijango are legitimate or the Attorney General is just out to inflict some political damage. Perhaps we’ll know more on June 18th when Payés goes in for his interview with the Attorney General.
Yesterday, Salvador Sanchez Cerén took office as the new president of El Salvador, becoming the first former FMLN militant from El Salvador’s Civil War to ascend to the presidency.
President Sanchez Cerén’s political victory has not been the glorious triumph many wanted for the former guerrilla leader. The runoff election against the ARENA’s Norman Quijano was surprisingly close, as Sanchez Cerén squeaked out a victory with only 50.2% of the vote. Quijano’s late surge seemed to stem from Salvadorans’ discontent with the lack of security and the failing truce between the country’s two rival gangs, Mara Salvatrucha and Barrio 18.
The FMLN and the country’s mood have only soured since the election. In May, the police reported 396 homicides, 170 more than the same month last year, and fingers are being pointing in all directions. Now former President Mauricio Funes recently said recently that political interests “want to give the impression that there is a failed state incapable of facing crime,” meaning that foes of the FMLN want to make the leftist government seem unable to address crime.
Indeed, the State appears helpless in stopping the violence. The gangs have taken steps over the past few years by signing a truce but the government was unable or unwilling to support their efforts. And past administrations and political leaders continually fail to address economic and social equalities, or provide youth with good alternatives. Until they do so, gangs will continue to fill in the gaps left by the stagnant economy and broken families.
President Sanchez Cerén said yesterday during his first speech as President that he would lead a System of Citizen Security. He also said, “improving the security of citizens will require that we work together against organized crime, traffickers, extortion, and all expressions of violence. We will fight delinquency in all its forms, with all legal instruments and tools of the State.”
President’s and politicians have made so many speeches over the years but taken little action. If President Sanchez Cerén is going to promote security and end the country’s violence he will have be willing to take bold and creative measures that set aside politics. Language like fighting delinquency in all its forms and using all legal instruments seems to indicate more of the same Mano-Duro or heavy hand kind of law enforcement, which has never been successful.
Unfortunately, President Sanchez Cerén also seems to be embracing the same neoliberal economic policies that the U.S. government has been promoting since the end of the civil war – creating an export economy and attracting foreign investment. These policies have failed to address the social and economic inequalities that have allowed the gangs to flourish, and in fact made divisions even wider.
Most Salvadorans seem to have pretty low expectations for their new President and his administration, and he has given them little reason to have hope for something new. Salvadoran communities and Diaspora seem willing to support the new administration, but President Sanchez Cerén and his team will have to show a level of creativity and boldness that we haven’t seen yet.