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Proceso 1082
January 21, 2003
ISSN 0259-9864
 
 

INDEX




Editorial: A political verdict

Politics: The governmental indifference

Economy: The poor are still a majority in El Salvador (II)

 
 
Editorial


A political verdict

 

The verdict returned by the Constitutional Hall of the Supreme Court of Justice about the case of the Jesuit priests from the Central American University was expected. Everyone knew beforehand that the appeal filed (for denial of justice) against the Attorney General, a judge, a court chamber, and another Hall of the Supreme Court would not be admitted. It would have not been admitted because they would have had to contest the performance of the inferior sectors that refused to open the judicial process and investigate the facts to reveal the names of the intellectual authors of a multiple murder. It could have not been admitted because they would have had to proceed against the power that places the magistrates in the Court, precisely, to have a cover-up for the crimes. It could have not been admitted because the most important decisions of the halls and the ones of the Court itself are taken according to the political criteria. The magistrates decide first, and then look for the juridical arguments to have a cover-up for their decision. The sentence of the Constitutional Hall about the case of the Jesuits is one more example of this type of procedure.

Since the verdict was known beforehand, the arguments that were to be used awakened a certain amount of curiosity. In fact, in this occasion, the Constitutional Hall followed this line of expected behavior. Its contradictory, its superficial, and its incongruent arguments perfectly illustrate how awkwardly it hides its mistakes, because it is a mistake not to return a verdict following the law. Despite the fact that the Hall took over two years to find the questionable arguments, its efforts were not strong enough. Once again, the magistrates have shown their low level of juridical education and the inefficiency in general of the judicial system. The text uses both Latin and Spanish in an inappropriate manner. The logic of the text is so absurd that it is an excellent piece to support the demand presented in the Inter-American Commission of Human Rights for the same cause, denial of justice. A portion of those contradictions, incongruities, and superficialities are indicated in the reasoned vote of the only magistrate (among five of them) who voted against the sentence, that is, who voted in favor of admitting the appeal. Her reasoning is a lucid exercise of how the other magistrates should have reacted.

The Constitutional Hall lies because the abstention of the Attorney General is not a mere legal question, but a violation against the constitutional order. The Attorney General cannot refuse to investigate the crime, because it is his job. However, the magistrates free the Attorney General from these responsibilities, and with this they define his duties in an arbitrary fashion. In order to do this, the magistrates make a partial use of the Constitution. In these circumstances, to investigate is to make inquiries in the hidden places of power. The Attorney General is questioned because he did not investigate the crime of the UCA. In addition, the obligation of the Attorney General is to investigate whether the victims request it or not. His basic duty is to investigate. If he does not investigate, he does not only seem incompetent, but he is also violating several constitutional rights.

It is not honest to say that the victims did not demand an investigation of the crime in the term established by the law. A crime such as the one committed against the UCA falls inside the principle of the universal justice, and, is therefore essential to investigate. Ever since the crime was committed, the victims have constantly demanded an investigation of the people who murdered the Jesuit priests; however, they have been insulted and threatened. And now, the judicial system denies them the right of serving justice. By handling the responsibility to the victims, the Constitutional Hall is overlooking the legal aspect of this matter, and it is forgetting that both the Judicial and the States’ institutions have the obligation to make the justice system work. By using a cover-up for the lack of efficiency in these cases, the magistrates are contradicting themselves because they consider the victims as individuals with juridical powers, and this is not realistic under any perspective.

The lies of the Constitutional hall act as a cover-up for the crimes of the powerful people, the military sector, and the ones of the politicians. They create a cover-up for the intellectual authors of a crime and also for the incompetence and the vices of the officials of the judicial system. The magistrates use absurd arguments and speak about a “latent right”, and see some rights as “irrelevant”. They also believe in the nonsense of an inferior tribunal that stated that the case could not be followed anymore because the abolished Penal Code favored the accused ones. Actually, in that code a crime just like the one committed against the UCA can be prosecuted even after 15 years, the possibility to prosecute does not end after 10 years, just like the magistrates sustained. The District Attorneys, the judges, and the magistrates that accuse the victims and create a cover-up for the actions of the criminals are nothing but people who are not qualified to do their job. By defending them, the Constitutional Hall becomes an accomplice of this insult against the law.

The Constitutional Hall of the Supreme Court of Justice has not only lied in the case of the Jesuit priests, but it has also acted in an irrational manner. It reduced the thirteen demands that were presented to only four demands, and it overlooked the allegations calling them “differences of opinions” and “ordinary legal affairs”. It seems that this institution forgot that the international regulations about the human rights are connected with the State and with the institutions (including the Halls of the Supreme Court of Justice). It overlooked the fact that the parties in conflict and the civilians were under the protection of the Geneva Conventions and its Protocol. It ignored that the contents of the Constitutional regulations should be specified with the use of the Constitution and not with norms that might be inferior to it. And that the law insists on the idea that the regulations that are inferior to the ones that appear in the Constitution should be interpreted with an open criterion when they are positively related with the fundamental rights, and with certain restrictions when they are presented in a negative form. The institution used these regulations to build arguments that do not correspond with the case. This absurd attitude shows the deliberate attempt of the magistrates: to deny to the victims the access to justice. The two years that they took to respond to the case are an obstacle per se. Without a doubt, for the Supreme Court of Justice, these delays should also be ordinary legal affairs.

Another irrational reaction of the Hall is to sustain that arguments are not petitions, which is how it justified why the judge did not consider the arguments in question. This attitude contrasts with the performance of the Hall. In fact, it responds to the victims with the same arguments used by the judges that were sued, who are considered right in a mechanical way without giving any explanations of their posture, even if the law establishes that everything should be clearly explained. Technically, the magistrates use the arguments of the sued ones as petitions to be exonerated from any responsibilities, and this is how the Hall falls into a new contradiction.

The Hall used the Latin words ad initio and in persequendi in an irrational manner. With those words it intended to demonstrate that the demands connected with unconstitutional acts should be made at the beginning of the process; on the contrary, these demands are out of place. The demands can actually be made during the process because during the development of the process the officials of the judicial system violated the right that the victims have: to have access to justice. The Hall stated that the abstention of the Attorney General, which is written in a document, is not a refusal to investigate the crime; the magistrates say that this can or cannot happen, but that it cannot be interrupted. With these ambiguous words and an inadequate use of the language, the magistrates, except for one of them, show their lack of good will.

The Hall is irrational when it modifies the constitutional aspects without giving any reasons for that action. When it changes its mind, it has to clearly explain itself, that is how this is established by the law. It seems that the Hall is not analyzing the contents of the amnesty law, and it does not refer to the facts that were denounced in an appropriate manner. It did not even bother to quote the former sentences, which show the record of the case. However, it does not only omit its own jurisprudence, but it also contradicts it in several occasions. In the case of the Jesuit priests, with the exception of the reasoned vote against the verdict, the Constitutional Hall did not respond to the arguments. Instead, with games of words and irrational observations, with lies and a shallow attitude it reiterated the allegations of the sued ones and turned them into its own. This is, therefore, a weak Hall. It is a coward and an inefficient Hall always willing to protect those who are stronger, and it is an unscrupulous Hall when it comes to blaming it on the victims.

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Politics


The governmental indifference

 

Last week, precisely on January 16th, the celebration of the 12th anniversary of the Peace Accords took place. This event, without a doubt a very important episode of the country’s political life in the last decade, was overlooked by the authorities of the official party. None of those who represent the government took notice of the date. In addition, just a few of the news media paid some attention to the document signed in 1992. No one spoke about the need to evaluate certain topics that are still on hold, in spite of their presence in the document signed in the Castle of Chapultepec, in Mexico.

The attitude of both the government and the official party towards the commemoration of the Peace Accords contrasts with the ceremony organized by the left-wing party. The FMLN reunited the representatives of foreign governments –among them, the Ambassador of Mexico, a country that played an important role in the peace negotiations-, and several national figures to celebrate the anniversary. The presidential candidate, Schafik Handal, spoke in the name of his party and he referred to the achievements that have been made possible thanks to the Peace Accords and the need to keep working to resolve the urgent problems of the present.

In reference to the silence of the government about the anniversary of the Peace Agreements, there is a sort of political schizophrenia and it is necessary to unveil it. On the one hand, we can remember the statement that President Flores made in Perquin a couple of years ago about the alleged end of the transition. The President said that it was time to pass the page and that the most important thing for the country was to pay attention to the youth and the children of today, and to insure their education and their welfare. Shielded by this argument of the alleged end of the transition, the government might be able to explain the official silence about the anniversary of the Peace Accords.

However –and here is where we find the political schizophrenia that was mentioned earlier in this article-, the sectors from ARENA do not have limits to revive the war years when it comes to blame the former guerrilla for the destruction of the country. On the one hand, they evoke the end of the transition and the need to forget about the past, while on the other hand they associate the left wing with the destruction of the country. The government overlooks the responsibility of the State’s security corps for the most aberrant cases of violation to the human rights in order to point at the responsibility of just one sector. This is how a sector of the right wing can go on shamelessly presenting itself as the leading force of the democracy, the human rights, and the economic welfare of the Salvadorans.

This historical amnesia is a deep wound of the Salvadoran society. Some people believe that the inhabitants are not fully aware of the country’s history, and that there is a lack of culture about the most important facts of the national life. As a consequence of this situation, some sectors of the society usually manipulate the past as they please, and distort all of the facts in order to adjust them to the interests of the most powerful members of the society. There are enough elements to suspect that it was a strategy to overlook the anniversary of the Peace Accords, a double strategy to forget in order to manipulate.

This is a way to understand the double language used by the right wing about the Peace Accords. An editorial of El Diario de Hoy (January 16th, 2002) mentioned that “one of the actual effects of the Peace Accords is the fact that they have left us at the edge of a barbaric context, vulnerable to fall into the depths of an authoritarian cliff or into an economic catastrophe (...) Those who signed the accords left several institutional flaws behind that later took the shape of problems, a permanent agitation, and a number of difficulties to achieve the economic development for the government”

To declare that kind of nonsense during the celebration of the tenth anniversary of the Peace Accords shows, on the one hand, the hostility of a certain sector of the right wing, while on the other hand it reflects the existing will to manipulate the public opinion. The only difference is that this year they decided to overlook the celebration in order to just forget about it now and be able to manipulate the situation later. The important thing here is not how the Peace Accords contributed with the end of the conflict, but the fact that these sectors keep living and preaching about their resentment and the illusion to end with the communists.

The Peace Agreements are not seen as an achievement of the country, they are contemptuously forgotten for the left wing to vindicate them. The incongruity of this fact with the pompous association between a certain character of the right wing and his responsibility for reaching a peaceful environment does not deny the former observation. The love-hate relation of the right wing with the Peace Accords obeys to its own internal contradictions. That is, hate, in the sense that for some people this was a capitulation before the communist aggression, and love because it allows them to rave about how they built the foundations for the prosperous future of El Salvador. This situation will go on until the population assimilates these events as an initiative of the “great men of the right wing” of the end of the century.

In the meantime, the left wing finds in the Peace Accords its only relation with the country’s political history. The lives of the nations are built with special and unique moments that leave a trace on the collective conscience. Until 1992, the right wing and the sectors that contributed with the business elite had taken over all of the most important historic moments after conquering and distorting the reality of the events that took place in 1932. It began with the independence of the country and it was culminated with the war against Honduras.

However, beyond the personal projects of the different sides, no one can find anything positive about the disagreements between those who played a leading role to establish the Peace Accords. The most important objective of this document was to join forces in order to end with the past and have a fresh new start. In this sense, the Peace Accords should not be interpreted as a triumph of the opposition or as a result of the weakness of certain sectors that belong to the armed forces. The Peace Accords were like a second independence celebration.

In order that the country can follow a democratic pathway, there are still many other issues that have to be discussed and which are present in the Peace Accords. It is still necessary to create an effective reform of the judicial system. This system can no longer be the nest of the powerful that are in debt with the society. In the second place, it is necessary to reach certain agreements in order that the discussion about the economic and the social problems of the population can be held with honesty and transparency. The political system has to keep growing in an independent manner until it reaches its adulthood to the eyes of the powerful sectors that keep it domesticated.

G

 

Economy


The poor are still a majority in El Salvador (II)

 

Some of the principles that since the beginning shaped the political and the ideological pillars of the party that presently holds the Executive power express the following: “Freedom is the base of the human progress” and “the State plays a subsidiary role”.

Such principles have not only shaped the vision and the actions of ARENA during its three administrations, but they have also distorted its influence on society. Its vision has been essentially both linear and dogmatic. The negative consequences of its vision can be reduced to the formula of “let us do, let us pass”, a typical feature of the economies of an anarchic Capitalism, that is, the Neoliberal economies. The “commandments” of the Consensus of Washington, launched in 1990, became the most important aspect of the economic programs of that party.

Liberalization, privatization, dollarization, regressive taxes, a fictitiously “stable” macroeconomic situation, quite a few microeconomic problems, the extreme poverty and the extremely wealthy people, the free trade agreements... are all distinctive features of the ARENA era. However, every time someone brings up the subject, the apologists of the official party insist that their policies are not Neoliberal, but that they are part of the “social economy of the market”, a democratic economy where everyone has the same opportunities. It is enough to make an individual effort, to have “the working spirit of the Salvadoran”, and the necessary eagerness to help the country. That is why for these apologists, the people who have not improved their life standards are those who have not tried hard enough.

The freedom ARENA refers to is the exclusive freedom of the powerful sectors of the country. This idea can be inferred from the evolution of the country’s economic pulse. Those who have experienced a certain amount of progress in their economic situation have been those sectors where wealth is concentrated and becomes a centralized force, that is the financial area and the sector of services. The contrary has happened with both the agricultural and the industrial sectors.

According to the 2002 production index, built with the information of the Central Bank of Reserve, in relative terms, the financial sector and the sector of services occupied the first couple of places in the economic growth list. On the contrary, the productive, the agricultural, and the industrial sectors are now the last names on the list of the sectors that have improved the country’s economy.

The bet for the sectors of service, either the financial or the commercial ones, is not based on the benefit that it might bring to the majority of citizens, the people who are mostly involved with the productive activities in the agricultural and the industrial sectors. The bet for the sectors of service is anchored there where it has been more convenient for the interests of the Salvadoran economic elite.

For instance, the agricultural sector has not received any support from the government, its products have had a steep fall, its competitiveness is decreasing, and it does not count with much of a credit line. And even as deteriorated as both the agricultural and the industrial sectors are, they still are the highest source of employment for the Salvadorans. The agricultural and the industrial sector combined held 908,000 jobs in 2002, according to the Prisma Magazine and thanks to the information provided by the General Direction of Statistics and Census (DIGESTYC). On the other hand, the financial sector and the sector of services, which receive the benefits of the present governmental policies, only hold 253,000 employment positions. This means that if a government wanted to guarantee the possibility of a decent job for most of the population, it should abandon the present priorities and take a look at the productive sectors.

The economic strategies used by ARENA only work for the benefit of the elite, not for the benefit of most of the population. The results are a few extremely rich families and an enormous amount of individuals who are extremely poor. This can be proved by studying the segment of those who are part of that “economic elite”. The last names that are part of this social nucleus repeat themselves in both the political and the economic circles that administrate the country (See the article by Paniagua, C. “El bloque hegemonico empresarial”, ECA No. 645-646). These nucleus of power are connected with the government, the members of the official power, the most important and profitable business companies represented by the ANEP, and with the leading communication media of the country.


The freedom of El Salvador is, therefore, fictitious. It is more of an exclusivity of rights strategy, a matter of economic, social and political benefits that fundamentally favor a closed economic elite, so closed that you can know them by their names.

The poverty of the Salvadorans: A collateral damage?
The governmental team of President George Bush used the expression “collateral damage” to refer to the human loss of the last wars organized by the United States in Afghanistan and Iraq. Paraphrasing that expression, the collateral damage of the Neoliberal model seems to be alive in El Salvador.

ARENA has played, in fact, a subsidiary role. The problem is that it has played that role exclusively for the sake of the powerful sectors of the country. However, it is important to say that, in the context of the political debate, that party has not even been close to admit their responsibility for the present social and economic crisis.

The government is using, in his present political campaign, his allegedly successful plan to reduce the levels of poverty, and this is a terrible contradiction, especially when the variables that distort the statistic indicators of poverty are evident.

According to the report called Economic and Social Strategies 2004-2009, created by FUSADES, “one out of every seven Salvadorans lives abroad, mainly in the United States”. Does this piece of information have an influence on the poverty levels of the country? According to FUSADES, “a 20% of the Salvadoran homes, mostly the homes of poor people, receive remittances, and this enables to improve the income distribution”. In addition, according to that investigation, 1.1 million Salvadorans live in the United States, and together they make an annual income of $13.1 billion, an amount equivalent to the GNP of El Salvador. Out of that income generated by the Salvadoran immigrants who live in the United States, the country received a number of remittances that added up to approximately $2,000 million, which represented a 14% of the national GNP in 2002. While for 2003, that amount would have approximately increased by $50 million.

That external source of income is therefore the “lifesaver” of the domestic economy, but it is also a “deceptive” source of income, because it helps to hide the actual levels of poverty that the country has. If we add to this the unreliably weak information about poverty and the tendency to distort the information that the most important news media enterprises have (because they belong to the same economic elite) we are actually living an economic lie.

The Report of Human Development, El Salvador 2003 emphatically indicates that the methodology to calculate the existing poverty line is a very weak system, and that it is necessary to reformulate it. It is not acceptable to say that “the total poverty of the country was reduced from 65% (1992) to 43% (2002)”; The PNUD itself doubts about these percentages. Therefore, given the present situation, this is the same as saying that we are blind about the actual dimensions of poverty. This is a serious flaw that helps to reproduce injustice in this country and it encourages the creation of the wrong economic policies.


The situation gets even more complicated if we see that poverty is not only a matter of income. The quality of the life that a person lives and his or her welfare as a human being are aspects that cannot be contemplated through the Index of Human development alone. Insecurity, the inadequate conditions of the environment, the limitations of democracy, the capacity to have an influence on the matters that affect people, and the decentralization of the State are all elements that cannot be found in the aforementioned Index.


If we were to measure the poverty level, for instance, in terms of the average income used by the World’s Bank, we would wonder how true it is to say that a down town street walker, because she makes a couple of dollars a day, cannot be considered poor. The irony of the statistics is that, even if they are useful to portray an idea about the phenomenon of poverty, they also leave aside a considerable number of important parameters. The same could be said about all of the people who work either in the urban informal sector or in the agricultural sector.


In spite of the weak aspects of the formal measurement of the poverty level, poverty has been traditionally been measured taking the income as a synonym of happiness (which does not necessarily mean an improvement in the human welfare). That is how the Salvadoran Neoliberal model is imposed as the public aspiration of reaching the consumption parameter of countries such as the United States. However, this is neither desirable nor feasible, because it imposes a logic that destroys the idea of human development and the environment. Even in the United States, this kind of actions does not enable the Americans, who are the leading consumers of the world, to find “happiness”. According to the World-watch Institute, the country with the highest levels of consumption is the United States, a place where you can find an astonishing number of cars and not enough people with a driver’s license. However, the Americans are not happier because they have more cars. According to this institute, when an opinion poll was conducted, only one third of those interviewed said that they were “very happy”. That number is, according to the statistics, the same of those who thought that were very happy in 1957, when the levels of wealth in the United States were only half of what they are now.


All of these aspects crash with the perspective that President Flores has. During his fourth year anniversary speech, he said that a proof of the success of his policies about poverty was that “ten years ago, there were 100,000 vehicles circulating in El Salvador. Now, the Salvadoran people have improved their income and they have access to credits because of the monetary integration system, there are approximately 500,000 cars circulating”. The key question here is what does that have to do with the actual purchasing power of the people, with the sustainable human development, or even with the public policies? It would be enough to remember the information provided by the Human Development Index of El Salvador for 2003, which mentions that “more than half of the reduction of the rural absolute poverty levels during the last ten years can be explained because of the increasing number of remittances”. And this is not due to the right choices of the present economic policies, but because of the negative consequences of these policies on the human development.

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