Environment, Food Security

Civil Society Marches for Public Health, Food, and Water

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.

Advertisements
Uncategorized

Fiestas Agostinas in El Salvador

Yesterday marked the first day of the August vacations in El Salvador.  In the capital, the celebrations began at 5:00 this morning when people gathered around the Plaza Las Américas to sing in commemoration of their patron, Divine Savior of the World (Divino Salvador del Mundo), after whom the city and country are named.  At the center of the plaza is the Monument to the Savior of the World (a giant statue of Jesus Christ standing atop the globe), which is a national symbol of El Salvador.  Later that day, there was a procession from the statue to Cuzcatlán Park featuring floats and costumed revelers.

Although the festival itself is of a religious nature, this week is also a time for secular retreat.  Last year, about 70,000 Salvadorans left the country for vacation, most of them to other parts of Central America.  Additionally, over 19,000 Salvadorans living abroad returned to the country.

The religious events of the week will culminate with a Saturday evening mass celebrating the Transfiguration of Jesus, a miracle in the Gospels and Catholic feast.  This feast is celebrated every year on August 6, and holds particular significance for El Salvador as it also commemorates the victory of the Spanish over the indigenous Cuscaltecos in 1526. Elsalvador.com provides a full list of the week’s festivities on their website.  Security will be tight all week, with the National Civl Police deploying 20,600 officers to patrol the areas in which the main festivities will take place.  Last year, 78 homicideswere committed during the festival, down 26% from the year before, and San Salvador’s Mayor Quijano has stated that safety will be a top priority.

The National Civil Police was featured prominently in the August 1st parade. Photo credit- La Prensa Gráfica
El Salvador Government, News Highlights, Politics

PDC and PCN “No Han Muerto”

We recently reported that last Friday, July 1, the Supreme Electoral Tribunal voted to dissolve the PDC and the PCN political parties.  However, as of today, the Christian Democratic Party (PDC) and National Coalition Party (PCN) have not died.  Both parties are still alive as the Supreme Electoral Tribunal (TSE) was not able to sign off on its final decision yesterday. It seems as though this now permits PCN and PDC politicians to participate in the municipal elections in March 2012 and they are able to obtain funds from the state for campaigning. For the PCN and the PDC, this failure on the part of the TSE to sign off on the decision 48 hours after having decided on the verdict, has saved these parties from being removed from the ballot.

 

In order to be able to issue the verdict, four of the five magistrates were required to agree, but that was not possible yesterday after having sat down for almost three hours in discussion. As a result, there is some discrepancy as to whether these parties will in fact be able to participate in the elections or not. Eugenio Chicas, a magistrate on the TSE said on July 4 that “the cancellation process has not been consolidated, in other words, there is no clear resolution to the cancellation.” When asked if the PCN and PDC will be able to run in 2012, Chicas said that “these parties are still alive, there is a certain form of life in these parties, but I still cannot give a resolution regarding they eligibility to run in the March 2012 elections”. Even the president of the TSE was unable to clearly state whether or not the parties will obtain funds for their campaigns.

 

 

El Salvador Government, Politics

Supreme Electoral Tribunal Dissolves Two Oldest Political Parties

On Friday, July 1, 2011, the Supreme Electoral Tribunal (TSE) of El Salvador “cancelled” the country’s two oldest political parties, the Christian Democratic Party (PDC) and the National Conciliation Party (PCN). If the ruling stands up to appeal, the two parties will no longer appear on election ballots, having each gained less than the required 3% of the vote in the 2004 elections.

Although the Legislative Assembly passed a decree in 2005 allowing both parties to continue to officially run, in April the Supreme Court declared that decree unconstitutional. In order to register for the ballot, the parties would each have to collect 50,000 signatures of support, rather than the 3,000 that were required by the Legislative Decree.

Both parties have roots in the military right wing. The PDC was the ruling party during the Civil War years of the 1980’s, whereas the PCN had been the political face of the military dictatorships in the two decades prior.

We’ll be reporting on the other TSE electoral reforms for the 2012 municipal elections in the next couple of days… stay tuned!

 

El Salvador Government, Mauricio Funes

The Debate Over Decree 743 Continues

Last week we posted two stories about Decree 743 – the controversial law that requires El Salvador’s Constitutional Court to make decisions by unanimous consensus instead of a four-vote majority as in the past. Due to the makeup of the court, decree 743 essentially renders the court powerless.

There has been a lot of movement around this issue since our last update – the following are highlights from the week’s developments. Despite all the statements from government officials, legal experts, civil society leaders, and others, there is still a lot that remains unclear about the politics behind the passage of Decree 743 and how the current debate over the law will play out.

Timeline:

Thursday, June 2

  • The Legislative Assembly passed decree 743 with the support of the PCN, PDC, GANA, and ARENA conservative parties. Left and centrist parties FMLN and CD legislatures abstained from the vote, meaning that they did not vote against the bill, but just didn’t participate.
  • President Mauricio Funes signed Decree 743 into law.

Friday, June 3

  • Decree 743 is published in the Diario Oficial, at which point it took effect.
  • Sigfredo Reyes, the FMLN President of the Legislative Assembly, called Decree 743 a “tragedy for democracy.”
  • By late afternoon, protesters had organized a demonstration in front of the Presidential Palace in San Salvador. Organizers used text messages and social media to spread the word of the protest and several hundred participated.

Saturday, June 4

  • In the morning civil society organizations met to discuss Decree 743 and to organize a movement against it.  They also agreed on organizing a larger protest at 3:00pm on Sunday at the Salvador del Mundo Monument, in San Salvador. They created a Facebook page and twitter accounts, and reached out to communities through phone calls and word of mouth.
  • The FMLN party issued an official statement denouncing Decree 743.

Sunday, June 5

  • Over five hundred people representing all sectors of Salvadoran society participated in the protest at the Salvador del Mundo. Civil society representatives used a pickup truck as a makeshift stage and a loud speaker to denounce the law and voice their opinions on the impact of Decree 743 if it is allowed to stand.

Monday, June 6

  • Civil society organizations met again at the University of Central America (UCA) to continue discussing their opposition and planning a strategy to challenge the new law.
  • President Funes responded to the objections of Decree 743, stating that it is constitutional and not a restriction of the judiciary. He argued that the law promotes democracy by requiring all of the justices to come to an agreement before making a decision on a case. President Funes also stated that the process for drafting and passing the law was transparent and not done under the table.
  • The Constitutional Court declared Decree 743 unconstitutional.

Tuesday, June 7

  • Thirty-five civil society organizations held a press conference in which they demanded that the Legislative Assembly repeal the law.
  • The Constitutional Defense Forum, a Salvadoran organization, filed a lawsuit with the Supreme Court against Decree 743.

Wednesday, June 8

  • The Funes Administration began to evaluate Decree 743 and the possibility of repealing the law.
  • Medardo Gonzalez, the Secretary General of the FMLN, demanded that the Supreme Court recognize Decree 743 as law (yes, in contradiction to the FMLN’s Saturday statement opposing the law). In addition, he called the controversial decisions by the Constitutional Court “rebellious and irresponsible” and said that they were motivated by ideological and political motives.
  • The right-wing ARENA party called for the repeal of Decree 743 and asked that the FMLN join them. Former president and ARENA leader Alfredo Cristiani stated that ARENA’s support of the decree was based on misinformation that the Court would abolish the Amnesty Law and the law the enables CAFTA.  He said now that he knew the Court will ‘defend’ the Amnesty Law, he will support the repeal of the decree.
  • The FMLN met in the afternoon to organize their stand on the law and their next steps.
  • Just before 4 pm, Salvadoran attorney Manuel Antonio Cortez Meléndez filed a claim with the Constitutional Court claiming that the Amnesty and CAFTA laws are unconstitutional. These cases had never been formally submitted to the Court prior to this point.
  • PDC officials motion to remove the four magistrates from the Constitutional Court for not complying with Decree 743 and declaring it unconstitutional.

Thursday, June 9

  • Civil society organizations organized another protest, marching from the Salvador del Mundo monument to the Legislative Assembly. Marchers demanded the repeal of Decree 743 and transparency in the process. One of the main complaints by civil society organizations is that the Legislative Assembly and President Funes were not transparent in passing the law or in discussing their justifications for the law. Once the marchers arrived at the Legislative Assembly, they demanded entrance but only a few were allowed in. Those who remained outside threw eggs at the entrance in protest. On the floor of the Assembly, Diputado Orlando Arevalo (an Independent) accepted a petition from the protestors.
  • Early in the day, FMLN representatives announced that they will not support ARENA’s efforts to repeal the law, stating that they have to work with the PDC, PCN, and GANA to “get themselves out of the mess they helped create.” They also refused to meet with civil society representatives, inciting the egg throwing.
  • Later in the day, representatives from the FMLN, PDC, and PCN stated that they would support repeal of the law, but only if the four magistrates from the Constitutional Court “demonstrated a change in attitude and don’t invade the functions of the Legislative Assembly.” Medardo Gonzalez stated, “the Court has to change, and if there is change, of course the FMLN will be the first to ask for the repeal of the decree.”
  • All five magistrates of Constitutional Court met with members of the Legislative Assembly for four hours in the afternoon. They insisted that they did not negotiate sentences or decrees, and simply clarified ‘misunderstandings’.
  • President Funes also released a statement expressing concern over the protests and further justifying his support of the law. His three arguments for supporting Decree 743 are: 1) The decree is constitutional in form and substance; 2) it was presented to prevent the judiciary and legislature from becoming embroiled in conflict; and 3) it does not prevent the Court from acting, and the magistrates are able to achieve consensus. He also stated that the ARENA declaration on Wednesday implies intervention and upon investigation could lead to the removal of any magistrates found negotiating with the Legislative Assmebly representatives.

Friday, June 10

  • President of the Supreme Court of Justice, Belarmino Jaime, publicly denies the existence of an agreement between the Court and either ARENA or Alfredo Cristiani.
  • The Secretaries General of both FMLN and PCN, Medardo Gonzalez and Ciro Cruz respectively, emerge from a multilateral meeting between the courts and the parties stating the willingness of their parties to sign on to a bill to repeal Decree 743.
  • ARENA denies the allegations by President Funes that an agreement was in place between them and the Court, and criticizes Funes for saying so.
  • The Archbishop of San Salvador urges the parties to work together to solve the crisis, expressing a wish for all sides to defend the people and the common good.

Monday, June 13

  • ARENA’s proposal to repeal Decree 743 received no response from the Committee on Constitutional Legislation and Legislative Assembly.
  • FMLN, GANA, PDC and PCN all declined to vote in favor of the repeal.
  • Medardo Gonzalez, Secretary General for the FMLN, now says the FMLN will not support the repeal of the decree in any fashion.

The debate over Decree 743 is far from over, and much seems unclear (at least from our vantage point). It seems that it is questionable whether the new law is even in force – last week four of the five Constitutional Court magistrates joined an opinion stating that it was not, which means that the repeal being discussed is not even necessary. It also remains unclear why Cristiani and some in the ARENA party are willing to support the repeal. Perhaps they see this as an opportunity to appeal to the wide sectors of Salvadoran society that oppose the decree in advance of the 2012 municipal and legislative elections.

Funes’ support for the law is also confusing, as well as lacking. The Constitutional Court is one of the only government entities that has been implementing the kinds of change that the President championed while campaigning in 2008-2009. His argument that the law prevents conflict between the legislative and judicial branches of government is wanting – such tension is common and a healthy element of the democratic process. Funes’ argument that Decree 743 is constitutional in both form and substance is circular – sayin’ it is, don’t make it so.

What seems very clear at this point is that civil society organizations did not have an opportunity to comment on Decree 743 until it was already signed into law. But judging by the the numerous statements made since the controversy began, politicians are concerned what civil society has to say and how the people might respond in 2012.

Corruption, El Salvador Government, Mauricio Funes, transparency

Update on the Transparency Law

Last week, we blogged about the status of El Salvador’s proposed transparency law and the myriad reactions to it.

Today, a Diario CoLatino piece makes us hopeful for its quick passage. Three parties (FMLN, GANA, and PCN) have united to support the incorporation of President Funes’s recommendations into the legislation. These three parties, together, have 60 votes worth of say in the matter, 17 more than the minimum needed for the law’s passage. They aim to vote and resubmit the legislation to the President quickly, so that it may become effective early in 2012, before El Salvador’s presidential elections.

The energetic effort made toward passing this law may be due in part to the recent election of a new president of the Legislative Assembly: Sigfrido Reyes, of FMLN. Reyes spoke to El Faro about his election, outlining his goal of transparency in the Assembly and executive branch, which do not have a lot of trust with the Salvadoran public.

Still too early to celebrate, but this seems to be an important step to letting the sun shine on the Salvadoran government.

Corruption, El Salvador Government, Organized Crime, transparency

Update on Inspector General of the PNC, Zaira Navas

Since last week when we posted an article about the Legislative Assembly’s plans to form of a Special Commission to investigate the Investigator General of the National Civil Police (PNC) Zaira Navas, several top ranking officials, including Salvadoran President Mauricio Funes have spoken out on her behalf. Members of the Legislative Assembly, including Diputado José Antonio Almendáriz, accuse Navas of improperly investigating Police Commissioner Douglas Omar Garcia Funes, former Commissioner Godofredo Miranda, ex-Director of Police Ricardo Menesses, and many others for corruption and ties to organized crime and drug trafficking.

During the legislative session last Thursday, the 45 votes in favor of the Special Commission were enough to move ahead with the investigation of the Inspector General. While no left-wing FMLN diputados voted in favor of the special commission, 45 right-wing ARENA, PCN, PDC, and Gana legislators supported it.

Yesterday, President Funes expressed his support for Navas, confirming that she has only followed the guidelines he gave her in conducting a thorough “cleaning’ of the PNC. Simialrly, the Minister of Justice and Security, Manuel Melgar, has claimed that the commission may be unconstitutional and should not be permitted to go forward. Even Carlos Ascencio, the Director of the PNC, defended Navas, saying that she was simply following the lines of investigations that President Funes had ordered. The Office of the Ombudsman for Human Rights has also stated “we must respect the work of the Inspector General.”

Government Agencies in El Salvador have operated in the shadows for a little too long.  A little sunshine every now and then is good for everyone, unless they have something to hide.