A hard-fought election

The elections and the democracy in El Salvador

The debate about democracy has taken different turns. The critics do not seem to agree about the main variables that must be considered when it comes to examine the democratic performance of a certain country. However, despite of all of the divergences, there is certain unanimity when it comes to think that the role of the electoral organizations is an important step towards the institutional identity of democracy.

This is how the electoral institutions gain a critical importance. The political actors and the citizens demand an independent criterion, the capability to work individually. However, on the other hand, it is also important that these institutions count with the necessary technical capacity to guarantee the credibility of the electoral process. No matter how much political and social support a regime could have, if the institution that organizes the elections disappoints the hopes of the voters, it will also irritate the citizenry and affect the performance of the democratic system.

Therefore, any evaluation about how democratic the political actors are –the members of a certain political system-, cannot overlook the support that the electoral tribunal gets. It is necessary to wonder about the independence and the level of technical capacity that allow this institution to accomplish its tasks. To be elected through to a transparent process, organized by an independent institution, is very prestigious nowadays. Otherwise ask George Bush, who was elected through a questionable process. The incident at Florida, which involved quite a few judicial battles, resolved by the United States’ Supreme Tribunal, affected the legitimacy of the Bush administration.

The important question now is to determine what is the category that El Salvador occupies in relation to its electoral organism. Can we talk about an independent electoral organism? Does it count with the necessary technical capacity to organize a trustworthy process of elections? These questions will be discussed in this article.

The present Supreme Electoral Tribunal (TSE, in Spanish), of El Salvador was opened in 1992 after a constitutional reform. This reform was approved in the context of the Peace Agreements. From the beginning it has organized three electoral events (four now, if you count the 2003 elections). In reference to the independence of the electoral organism, the article 208 of the Constitution acknowledges its high level of authority. It expresses the will of the actors who were involved in the Peace negotiations, who wanted to give birth to a new institution in the style of an inclusive political system.

The Salvadoran electoral organism is a combination of a structure formed by the people who come from the parties (three magistrates), the presence of the elements suggested by the Supreme Court of Justice and those who do not belong to any party (two magistrates). Some analysts consider that such organization is the best, because it allows the electoral organism to rescue a couple of important issues for the political systems. In the first place, to guarantee a mutual control of the parties. In the second place the independent members balance the process and help to moderate the interests of the parties inside the organization.

However, an obstacle for the TSE –which prevents it form accomplishing its mission in an independent way- is its very own organization. Three out of its five members (who are also owners) come from the parties that count with more voters. This reality prevents the TSE from acting independently. The magistrates understand their duties as the representatives of their party; therefore, they are incapable of making decisions that might affect them.

This situation is connected, for instance, with the electoral propaganda issue that violates the constitutional dispositions related with this subject. Most people know that the political parties launched their campaigns, especially in the case of those who ran for the municipal council, before the period established by the law. Article 81 of the Constitution stipulates that “the electoral propaganda will only be allowed if it is launched two months before the elections in the case of the congressmen, and one month before the elections in the case of the Municipal Councils”. The authorities from the TSE were not at the height of the circumstances when it came to apply the laws and make the candidates respect them. This happened because the correct measures would have affected their own parties.

In reference to the honesty, the transparency, and the credibility of the elections in El Salvador, the TSE has walked a long way. Ever since the organization of the first elections until these days, the amount of complaints related with the technical and the logistic problems has been reduced. At this point, no one questions the results revealed by the TSE. In addition, and because it is a permanent organism, it has eventually resolved the typical difficulties that come from the lack of experience of its members. The TSE has gained experience through the years, and it is evident that this institution has been used in the benefit of the young democracy of El Salvador.

There are plenty of other issues that have to be discussed. The TSE has not achieved an acceptable organizational level that can allow it to face the electoral process without experiencing unexpected problems. Although it is necessary to say that many of the logistic changes that the TSE should undertake depend on political decisions that are out of its reach. This is the case of the residential vote and the single document of identity (DUI, in Spanish), among others. The political parties are the ones that should make the correct decisions –in relation to this subject- in order that the TSE can react at the height of the circumstances. However, that is not an obstacle to resolve problems such as the depuration of the electoral records, or to expedite procedures to obtain the necessary documents to vote.

The former observations lead us to the responsibility that the TSE has in regard to the amount of people who do not participate in the election process. The recent investigations reveal that during the last elections approximately 10% of those who could not vote, were not able to do so because of the TSE. If we considered the high percentage of abstention during the elections, there is no doubt that 10% of the votes has been lost because of the TSE, and this should call the attention of the members of the system.

That is why if the new political regime of El Salvador –launched after the Peace Agreements- intends to keep gaining legitimacy and respectability, it is important that the TSE keeps counting with the support of the political actors. In addition, the TSE has to return the vote of trust it received through a faster rhythm during the organization of the elections.

The Economic aspects of the electoral campaign (I)

The electoral campaign is at its final stage. That is why it is important to consider the economic aspect of the proposals made by the candidates in order to figure out what are the feasible elements for the development of the country. In this article we will briefly reflect about the measures proposed by ARENA and the PCN that are connected with the national economy. We will also analyze the proposals made by the left-wing parties.

The proposals of the candidates from ARENA who run for the congress, in general terms, have taken the same direction throughout the last decade. Their candidates are not making new proposals and they keep working together with the Executive Organ for the prevailing economic policy. They have made themselves clear about their support for the Free Trade Agreement with other countries or regions, without the need to make the necessary considerations. In a few words, they are willing to support all of the economic policies implemented by the Executive power.

After ignoring the agricultural sector for so many years, the candidates of ARENA have placed their eyes on it. Their promise is to encourage from the congress a diversification of the cultivation. The objective of this measure would be connected with the production of non-traditional farming activities, because according to their opinion, these products look well for a free trade agreement with the United States. This is an interesting subject, mostly if it is considered that the ARENA administrations have given more importance to the growth of the sector of services. The official party proposes this productive diversification also as an answer to the opinion of the candidates from the FMLN, the PCN, and the CDU who have said that the agricultural sector will be especially considered when it comes to discuss the free trade agreements that the country can ratify. As it has been mentioned before, a productive diversification is not an easy task, it does not happen over night, and it goes beyond the legislative level.

The candidates of the PCN who run for the congress have based their proposals on the request for an increase of the national budget destined to the city halls. They intend to obtain approximately 8% or 12% and closely observe the possible impact that a free trade agreement with the United States would have for the Salvadoran agricultural sector. In other words, their intention is that the agricultural sector receives a special treatment during the negotiations.

A higher budget for the municipalities seems necessary. The municipalities have a different number of problems, and the objective is to resolve them. Only the municipal governments know the specific needs of their people, that is why a higher budget would enable them to answer to those needs.

Nevertheless, it is important to create the necessary mechanisms to control the different municipalities of the country, mostly if this involves a process of democratization. This means that the municipalities can have more autonomy, but that autonomy should be supported by a considerable number of resources in order to face their responsibilities.

To consider the needs of the agricultural sector in a special way before the free trade agreement seems to be an urgent task. The agricultural sector is a source of employment for those who have a smaller amount of resources to survive. Although the proposals seem to be attractive, the PCN has not said anything about the specific plans that could be implemented. And this would not only be important to resolve the situation of the agricultural sector, but to take it out of the economic stagnation.

In reference to the municipalities, the candidates from ARENA who run for mayors seem to have found that the public security is an attractive issue for the citizenry. However, in the city, Evelyn Jacir de Lovo promises to examine the municipal rates and to generate more employment. To examine the municipal rates is extremely necessary, as long as it is a fair analysis, and with enough care when it comes to collect the municipal revenues. The creation of employment; on the other hand, is a problem that goes beyond the jurisdiction of the city hall, that is why this is not easy to accomplish.

Generally, the proposals of the municipal candidates from ARENA have included the economic issues. However, there are certain candidates from that party who, as it happened in Mejicanos, promised to give their support to the small and the medium business companies. Although it is indispensable to strengthen that sector, it is also necessary to count with higher budget, and this is something that ARENA is not willing to approve.

Economically speaking, it seems that the candidate postulated by the PDC for the City Hall of San Salvador, María Julia Castillo, has not delivered a clear speech. She considers that there are certain aspects that have nothing to do with the municipalities and that belong to the Executive power.

The candidates for the right-wing Salvadoran congress do not propose anything new: to consolidate the process of commercial openness, to continue dividing the economy in three sectors, to stop the FMLN from wining the elections, and to keep administrating most of the municipalities seem to be the most important objectives. The issue of the budget increase for the city halls is a source of disagreements for ARENA. There are a few mayors from the official party who need this increase for their municipal administrations, and think differently from the other members of the party who are at the Legislative Assembly. ARENA does not seem to approve this increase, since it is not willing to allow that the mayors of the FMLN appear doing “the good deeds” that the Executive power wants to use to feed its advertising strategy.

As for the municipalities, it could be said that the proposals of the candidates who run for mayor are related with the political and the social issues, and that they overlook the economic problems and the possible solutions. In this sense, the mayors should make an effort to make their proposals more systematic by dealing with the economic aspect, since this is the foundation of the social and the political activities.

The problems such as the water supplying system, the lack of security and the deficient illumination on the streets are situations that usually remain the same before and after the campaigns. It seems that the actual difficulty is that the mayors come and go and the problems survive. It is essential to react, and that is why it is necessary to assign a better administration and more resources to the municipalities.