Uncategorized

FGR Investigating Minister of Defense for Arms Trafficking and Raul Mijango for Gang Truce

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.

Advertisements
El Salvador Government, violence

El Salvador Marks 100 Days of the Gang Truce and 2nd Anniversary of the Mejicanos Bus Burning

This past Tuesday and Wednesday, June 19th and 20th, marked two important dates in El Salvador’s long struggle for peace and security. Tuesday celebrated 100 days since the country’s two primary gangs signed a truce that has resulted in a rather dramatic decrease in violence. Wednesday was the second anniversary of the bus burning in Mejicanos that killed 17 people. The horrific act, which government officials and the public blamed on members of the 18th Street gang, shocked the national conscious and arguably led to the truce that was celebrated yesterday. How government officials, civil society, and the private sector respond in the coming days and weeks will determine whether this is a turning point in the country’s history or another lost opportunity.

The Bus Burning

The morning of June 20th, 2010, an armed group stopped a small bus in Mejicanos, an urban area on the outskirts of San Salvador, doused it in gasoline, and lit it on fire. In all, seventeen people were killed and many others maimed and injured.

In response to the event, President Funes introduced an anti-gang bill that made it illegal to belong to a gang, punishable by up to ten years in prison. The law was the same kind of “mano duro” (heavy handed) law that previous administrations had employed, albeit unsuccessfully, to combat gang violence. It was also the exact kind of law that President Funes had campaigned against.

The gangs responded to the proposed legislation by imposing a nation-wide curfew and 72-hour bus stoppage, threatening to kill anyone who defied the mandate. Towards the end of the 72-hour period, gang leaders held press conferences and issued statements calling for policies of inclusion and greater opportunities for youth, and dialogue with government officials about how to end the violence. They also called on the government to improve the inhumane prison conditions and offer opportunities for personal development. The administration ignored their demands and request for dialogue, and that week President Funes signed the new anti-gang bill into law.

The curfew, 72-hour bus stoppage, and press communications were the first times that leaders from the MS-13 and 18th Street gangs worked together. Until that point, the gangs had been mortal enemies and such collaboration had not been an option. Their unity was an indication of the urgency and conviction behind their words and actions.

The bus burning and curfew left the government and Salvadoran people in no mood for talking. Government officials said publicly they would not be blackmailed into negotiating with gangs that had terrorized the population. Even if administration officials had desired to negotiate with the gangs, doing so in the fall of 2010 would have had severe political consequences. Hardliners from the conservative parties would have criticized them for being weak and unable to protect the Salvadoran people.

The Truce

Something happened, however, and this past March news broke that the leaders of MS-13 and two factions of the 18th Street gangs had signed a truce that has successfully reduced El Salvador’s murder rate, which has been among the highest in the world. Salvadorans welcome the reduction in violence but fear that it is unsustainable if the government and other stakeholders fail to address the social and economic exclusion that gave rise to the violence in the first place.

The two people credited with facilitating the negotiations between the gangs were Catholic Bishop Fabio Colindres and former FMLN legislator Raul Mijango. Government officials initially denied involvement in the truce but ex-military General and Minister of Justice and Public Security Munguía Payés recently acknowledged that the truce was “part of his strategy” to address the gang problem. Just before news of the truce broke, 30 incarcerated gang leaders were transferred from maximum-security prisons to lower security facilities, and were allowed more visitations along with other rights. These concessions were consistent with those laid out by gang leaders in 2010.

Just how much the murder rate has decreased varies depending on who is reporting it. Government officials often use shorthand and simply say that the daily average number of homicides has fallen from 14 to 6 – that would be a 57% decrease. InSight Crime reported the government’s actual numbers, which put the overall drop from March to May at 42%. The actual totals they use are:

March 2011/2012 – 377/255 (decrease of 32%)

April 2011/2012 – 340/156 (decrease of 54%)

May 2011/2012 – 368/172 (decrease of 53%)

Total March-May 2011/2012 -1085/583 (decrease 0f 42%)

The InSight Crime article points out,

“The National Police statistics on homicides have differed from those kept by the Public Forensic Institute (Medicina Legal), which has released slightly higher murder counts for each month.”

Calculating the homicide rate and the success of the truce has been somewhat complicated by reports that the rate of disappearances has risen, which would seem to indicate that gang members are just disposing of their victims. According to El Faro, these reports seem somewhat unfounded. As of June 10, the police have recorded 677 disappearances so far in 2012. Minister Munguía Payes insists that this is in line with previous years. Medicina Legal reports a much higher number of disappearances, 877 in just the first four months of 2012. There were more disappearances in the first two months of the year before the truce was signed than the second two months. Based on these numbers it is difficult to even speculate that murder victims are being buried and that the homicide rate is higher than reported.

While Salvadorans welcome the decrease in violence, many remain skeptical of its long-term sustainability. Some question whether the gang leaders were sincere in signing the truce and that perhaps other motives exist. Others are concerned that the imprisoned leaders who signed the truce do not have enough control over the extensive network of ‘cliques’ that make up their gangs to enforce it. One bus driver said recently that in his line of work he has gotten to know many gang members – he fears the kids on the street will only listen to gang leaders for so long until they start killing their rivals again. He fears that if they break the truce, the violence will be more extreme than ever. It remains to be seen whether this skepticism is warranted.

A more realistic concern about the sustainability of the truce is that it does little to address the root-cause of the violence –  social and economic exclusion. This is an issue that gang leaders mentioned back in 2010 and have stressed over the past 100 days. Salvadoran youth lack appropriate opportunities for education and work, and often have no options but to join gangs.  The truce is not the solution – it’s a break in the violence so the various stakeholders can work out a long-term solution.

The gangs seem serious about working out a long-term solution. In a statement released this week, gang leaders said they are ready to start negotiating a permanent peace treaty that would hopefully end the violence for good. According to an AP report, Oscar Armando Reyes, a leader of the 18th Street gang, said,

“We want to reach a definitive cease fire to end all the criminal acts of the gangs. But we have to reach agreements, because we have to survive. There was talk of jobs plans, but we haven’t gotten any answers, and it is time for the government to listen to us.”

A few weeks ago, President Funes announced that he had an agreement with members of the private sector that they would hire youth who had been involved in gangs in order to support their reintegration into society. The same day that Funes announced the private sector agreement, gang leaders announced that they would stop recruiting new members in schools and consider ending extortions in the near future. It is unclear that the government and private sector have taken more affirmative steps to work on long-term solutions.

Some civil society leaders have expressed support for the gangs recently and called on the greater Salvadoran community to support their reintegration. Mario Vega, head pastor at Elim Christian Mission, recently stated,

“I believe that the leaders of the gangs are earnestly involved in this process, because giving one’s word implies the highest code of respect, and they don’t speak just to speak; however, they could change a commitment at any moment if they feel they are not being listened to or respected.”

Rodrigo Bolaños, the general manager of the Salvadoran Factory League of Central America that employs former gang youth, recently said gangs are a product of Salvadoran society, and therefore the responsibility of Salvadoran society.

“The kids in the gangs weren’t born in Korea… they are from here. This is a problem of our own. They are our Salvadoran brothers. Society has to understand why all this began, and there has to be some capacity to forgive.”

Raúl Mijango, who helped facilitate the truce, recently said

“We’ve got to be frank – the gangs are waiting for a response from Salvadoran society and the state, but the most difficult part will be for society to stop looking to the past, accumulating hatred and resentment.”

While the truce is extremely important to achieving peace in El Salvador, it is not THE final solution. For too long the government and media have made young gang members, tattoos and all, the scary face of violence in El Salvador. The police, attorney general’s office, other government agencies, and media have been too quick to attribute political murders, international organized crime, femicide, and so many other crimes to gangs – neighborhood kids fighting their peers.

Job programs and reintegrating gang members into society will be an important first step, but at some point Salvadorans will also have to tackle the organized criminals that use all levels of government to facilitate their drug trafficking and money laundering. They will also have to get over the machismo culture that has led to El Salvador being the world leader in femicide.

Over the past couple of years, the gangs have taken steps to end the violence they are responsible for. Hopefully, the government, civil society, and private sector will do their part.

Thanks to our good friend Colette Hellenkamp for her invaluable contributions to this article.