PROCESO — WEEKLY NEWS BULLETINEL SALVADOR, C.A.

Center for Information, Documentation and Research Support (CIDAI)
E-mail: cidai@cidai.uca.edu.sv

Central American University (UCA)
Apdo. Postal 01-168, Boulevard Los Próceres
San Salvador, El Salvador, Centro América
Tel: +(503) 210-6600 ext. 407
Fax: +(503) 210-6655
 

     Proceso is published weekly in Spanish by the Center for Information, Documentation and Research Support (CIDAI) of the Central American University (UCA) of El Salvador. Portions are sent in English to the *reg.elsalvador* conference of PeaceNet in the USA and may be forwarded or copied to other networks and electronic mailing lists. Please make sure to mention Proceso when quoting from this publication.

     Subscriptions to Proceso in Spanish can be obtained by sending a check for US$50.00 (Americas) or $75.00 (Europe) made out to 'Universidad Centroamericana' and sent to the above address. Or read it partially on the UCA’s Web Page: http://www.uca.edu.sv
     For the ones who are interested in sending donations, these would be welcome at Proceso. Apdo. Postal 01-168, San Salvador, El Salvador.



Proceso 1109
August 18, 2004
ISSN 0259-9864
 
 

INDEX




Editorial: The unimportance of the institutional performance

Politics: The first political moves of Saca

Economy: Resuscitating the OMC: the macro agreements at Geneva

 
 
Editorial


The unimportance of the institutional performance

 

The political parties, the ones that should lead the way of the institutional performance, seem to do anything they can to weaken it. This time, their battle field is the institution that administrates the electoral process; however, the reason is always the same: control and power. In other words, the interests of the nation occupy a second place in their agendas, when it should be different. The administration of the Supreme Electoral Tribunal (TSE, in Spanish) would be very different if it were out of the reach of the political parties and their insatiable ambition for power. These parties, just like the other institutions of the State where they are able to intervene, consider the TSE as a strategic domain to fight their battles. While the parties fight against each other in order to take control of these domains, they keep undermining whatever is left of the institutional performance of the country. All in the name of both the Constitution and democracy.

This new fight to take control of the TSE is full of contradictions. The origin of this problem is the inconsistency of a law that eliminates from the official registry those political parties unable to reach a minimum amount of votes in an election. However, at the same time, other laws allow these parties to be part of the Legislative Assembly or to be part of the TSE itself. This fundamental inconsistency creates a number of legal incongruities, and all of the political parties take advantage of them in order to keep fighting over power. What this article is concerned about is that ARENA and its ally, the National Conciliation Party (PCN, in Spanish), named a couple of magistrates without the votes of the rest of the parties and without choosing the rest of the magistrates that are supposed to integrate that tribunal. This means that the number of members of the tribunal is incomplete, and, according to the law, like this, it is not able perform its ordinary actions. However, both of the magistrates named by the right wing not only took over their positions, but they also began to follow their assignments, disrespecting with that the juridical regime. They do not count with a legislative decree to support their designation. According to both the government and the right wing, it was enough with a pledge of loyalty before the Legislative Assembly because this institution allows them to take over their positions even before signing a legislative decree. A normal procedure would be to designate them, sign the decree, and then take over their duties.

It is not normal to integrate the TSE with only a couple of magistrates because the law establishes that, in order to operate, this institution has to have a specific number of magistrates. It is not normal if both of the designated magistrates start working without being authorized by the law. Both the country’s judicial and the educational authorities are questioning the authenticity of the diploma that one of these politicians has. It is not normal that, in order to hide this situation the congressmen of the right wing are willing to modify the law in order to accommodate it to their immediate needs of power. It is not normal to see that there is not one institution, not even the press or the civil society, with enough power to reestablish the order inside those political parties that play with the law and with the institutional performance as they please.

The so called “governance committee” arranged by Saca should reject this sort of mistakes of the national political life, otherwise this committee is actually not a very practical form of organization. The promoters and the members of this table should not forget that one of their most important duties is to promote and defend governance, something that the last administration overlooked. However, it seems that the present organization plays an independent role, independent from both the political parties and the institutions they control. These are a couple of parallel institutions that should be working together, and if this does not happen they will fail, and this will only intensify the present governance crisis. In fact, this governance committee will not go too far with its discussions and agreements if these elements do not have an immediate and a direct influence on the national political activity. It does not make much sense either if the second most important political party leaves, which, in addition, at least during this legislature, has an important portion of the legislative votes that are necessary for the Saca administration. Without the FMLN, the governmental committee is not necessary because the right wing already counts with its own institutions to make negotiations and reach agreements. Therefore, it will not go too far either by pretending to promote governance, something that, on the other hand, affects the foreign investments in a negative manner, it does the same thing to tourism and for the general image that the country tries to project abroad.

This is the first serious mistake of the Saca administration, without a fast and a radical intervention, one of the presidential proposals that has created more expectations is about to fail. Perhaps the main obstacle that the Executive power faces at the moment is that it does not know how to separate the interests of ARENA as a party from the governmental and the national interests. If these interests are different, for them, the first ones are the priority. To put these interests aside for the national welfare would be incomprehensible for many of the narrow-minded leaders of the government (those that belong to the official party). Once the meetings are summoned, the Saca administration has to face the consequences.

It makes no sense to have a meeting for hours to discuss the national affairs, while the Executive power and the congressmen of the right wing develop a different agenda that goes against the interests of the committee. If this committee does not articulate itself in an efficient manner with the decisions of both the Executive power and the institutions, it will be doomed to fail beforehand. Therefore, the new government would have dilapidated, in a brief period of time, a considerable amount of the political power after only three months. Such failure will affect, without a doubt, the viability of the promises. If the political discussion inside the Presidential House is a serious affair, President Saca and his commissioner should take the political agenda more seriously.

G

 

Politics


The first political moves of Saca

 

At the end of the Flores administration, there was a certain unanimity of thought between the different analysts from both political wings about the legacy of his five years in the Presidential House. A considerable number of people thought that, during the Flores administration, independently from the political and the natural realities that the former president had to deal with, the confrontation between the opposition and the followers of ARENA was intensified. In other words, it can be said that the polarization level of the political system grew higher during the former period. This confrontation did not only take place in the context of the classic disputes between the right and the left wing, the right wing sector also experienced the rejection of the former president whenever its members did not completely agree with his political decisions.


Flores refused to listen to the opinions that were against his judgments. Among other examples, and in order to have an idea about the attitude of Flores, there were the continuous disputes and the senseless accusations against the Legislative Assembly, his bitter encounters with other leaders of his own party, and how he constantly rejected the PCN, an unconditional ally of ARENA during former legislatures. The former president reaffirmed the authoritarian tendency of the Executive power, in the style of the governments that administrated the country before the Peace Accords.

As a counterpart of that authoritarian inclination of the former president, the rest of the institutions of the political life paid for the consequences. During his administration, Flores openly criticized the Judicial Organ, and he accused the judges and called them insensitive Salvadorans, who lacked a sense of responsibility for allegedly defending the interests of the gang members instead of helping the victims of delinquency. He criticized the same aspects about the Legislative Assembly, and he compared the congressmen from the opposition with the public officials that take advantage of their position to promote themselves instead of taking care of the citizenry’s interests.

There is also a certain coincidence between the observers of the local policy about the counterproductive effect of this kind of disputes between the different areas of the State about the process of democratic consolidation. Just like this, the scenes that took place during the Flores administration did not promote the growth of an institutional sense of democracy. In fact, during his administration period, the crisis of the citizenry’s trust in the political institutions grew stronger. Time after time, the public opinion polls described the Judicial organ and the legislative Assembly as the institutions that had been negatively evaluated by the citizens. While the ministers that got more publicity through the official propaganda and the National Civilian Police were at the top of the public opinion polls.

It was expected that Saca’s arrival would help them to reduce the levels of confrontation, and, eventually, start a new way towards the revitalization of the political institutions. The new President seemed to be conscious of the situation. He spoke about the need to negotiate, he designated a presidential commissioner of governance and created a permanent negotiation committee for the political actors of the country. During the first days of his administration, he made several concessions in the discussion of the country’s budget. Saca introduced himself as an open President, willing to avoid the authoritarian attitude of his predecessor.

However, the last events regarding the designation of the magistrates of the Supreme Electoral Tribunal are a threat for this hope. The decision made by ARENA about choosing a representative of the PCN inside the TSE is enough to say that Saca has abandoned the line of the seductive discourses or perhaps he has just started to show his true colors in the same style of his predecessor. Taking advantage of the confusion that surrounds the long gone coalition of parties, the political strategists of the Presidential House decided to offer the position of an electoral magistrate to the PCN. Saca and his team have good reasons to take away from the CDU-PDC the possibility of having a magistrate with absurd and artificial excuses. They claim to have taken notice of the division of the PDC in order to designate a magistrate for the third party, and that the objective is to prevent this institution from loosing one of the most important things its got.


The decision made by Saca has a double objective. On the one hand, he wants to keep the political support of the PCN in order that ARENA stops being a minority inside the Legislative Assembly. This is a way for them to count with a faithful ally. That is why it should not seem strange if Saca is intending to get a sure thing with their legislative support. The strength of the left wing inside the Congress has remained untouched, in spite of the internal difficulties of the FMLN.

On the other hand, the PCN is the winner of Saca’s move. This party needs to make sure that it will survive. As long as the leaders of the PCN manage to remain inside the governmental institutions, they will be able to survive as a party. The members of the PCN might think that they were unable to gain the minimum amount of votes during the last elections because they were absent from the electoral institution. This is a way to think that they will remain alive in the circle of politics by being part of the organ that controls the institutional foundations of power.

There are no reasons to be surprised about the maneuvers regarding the control of the TSE from the perspective that tells us that politicians are not altruists. They keep trying to get the necessary shares of power in order to maintain their level of influence over the political decisions of the system. It can be said that ARENA and the PCN have made a convenient move in order to play it safe when it comes to their particular political interests. Some people were naïve enough to think that Saca was serious when he said in his inauguration speech that he repudiated political blackmail; there is no doubt that this move of the new President will open their eyes. There is always a certain amount of blackmail in the Salvadoran politics, because it is about measuring or joining forces with friends or adversaries.

However, from a different perspective, it can also be said that the performance of the institutions grows weaker. The TSE was criticized during the last presidential elections because of its inefficiency and because it was incapable of becoming a true referee between the contenders. No one can forget that the politicians of the left wing thought that Saca’s election had been a fraudulent result and that it went against the democratization process of the country. Therefore, it can be said that the control of the right wing over this institution will not be enough to remove the doubts.

The dangerous aspect of the situation is that with this kind of decisions many things are at risk, not only the prestige of the institution is at stake, but the opposition no longer has a reason to keep trusting in the neutrality of the electoral organism. One of the minimum requirements for a democratic institutional performance to work out all right is that the elites trust in the political processes and that they do not keep believing that the main judge is not loyal and that he has focused his attention in favor of one of the contenders. When this happened in the past, the country went to war. The present actors should be aware of this historic amnesia that could create negative consequences for the political stability of the country.

G

 

Economy


Resuscitating the OMC: the macro agreements at Geneva

 

While the August holidays took place in El Salvador and the local media covered the news about delinquency, deaths, traffic accidents, the shopping fever at fairs and malls, and about the business of the financial and the commercial sectors, inside the context of the world’s market an event took place and it was intentionally missed by the most important communication media of the country. It was a new agreement signed by the countries that are part of the World’s Trade Organization (OMC, in Spanish), in Geneva, Switzerland, something that restructures and gives a new life to the actions of this organization in search for the liberalization of the world’s trade activities. The international press referred to the event as a “historic agreement”, since, for the first time, in a series of widely advertised failures of the OMC, a group of frame-agreements were approved to open the doors to a liberalization of the global trade. The texts of the agreement were ratified by the ministers of the 147 countries that are members of this organization on Saturday, July 31st, after a number of negotiations that were made in a period of two weeks, which finally came to an end in an uninterrupted session of 24 hours on the last day.

This group of agreements has a special meaning for the group of nations that are part of the OMC, and, among which, el Salvador is included mainly in connection to taboo themes such as the agricultural subsidies. The General Director of the OMC, Supachai Panitchpakdi, stated that “For the first time, the governments of the members have agreed to eliminate the subsidies from the exportation of the agricultural products for a certain date. They have agreed to substantially reduce the internal aid that distorts the commerce inside the agricultural sectors”. Apparently, in this summit they have begun to touch the Gordian knot of the recent disputes for a free world trade: the inequity and the injustice of commerce between the developed nations and those that are less developed, on issues such as the agricultural liberalization and the access to the markets. However, the agreement is nothing more than the beginning of a long and an uncertain way, because it is based on political wills that do not always come with a guarantee certificate. The positive tone is supplied by Dr. Panitchpakdi, since he said that the governments have agreed to “establish the necessary negotiations to simplify the commercial procedures and the work of the customs’ service”. He also predicts that there will be some progress made on the liberalization of agriculture; the access to the markets for the non-agricultural products; the matters connected with development and an easy flow of commerce; the negotiations about regulations, services, the environment, the reform of the solution procedures for the disagreements, and the protection of the intellectual property.

The paradox of free trade without freedom or justice
According to the economist Francisco Ibisate, from the Economics Department of the UCA, this agreement is undoubtedly “historic”, but most of all, “surprising” and “fragile”, and, therefore, it is necessary to understand it with a “prudent euphoria”. Everything that the OMC has gone through in order to seek for a way to liberalize the world’s trade has been difficult and controversial, mainly because of the lack of equity in the configuration of its decisions, mostly leaded by the wealthy and the developed countries, such as the United States, the European block, and Japan. For Ibisate, this frame-agreement “could dramatically modify the arrogant behavior of the most powerful countries and the asymmetrical relations that have characterized the recent summits of the OMC, and the uneven negotiations of the free trade agreements, and/or those of the Free Trade Agreement Area of the Americas (ALCA, in Spanish).

What can be inferred from this summit that, in spite of the many implications that it has for the world’s trade, the Salvadoran media do not know much about? The OMC implicitly accepts that the world’s trade has a biased tendency in favor of the wealthiest and the most developed countries, and that therefore this impasse has to end; those that have to be more open are the developed countries if they wish to achieve a true free trade in the world. It is so paradoxical how evident it is now that, according to the history of the OMC in the last five years, this group of frame-agreements has not arrived because of the inertia of the political good will of the developed nations, but it is a specific acknowledgement to the pressure role played by the group of 20 (G-20), that is the group of poor countries that are trying to reach higher levels of development and gathered to have an influence on the commercial decisions monopolized by the developed countries. Our government was part of this group until the former minister of Economy, Miguel Lacayo, walked away from it.

These truths had already been reported by pacific demonstrators during the former summits organized by the OMC in Seattle, Doha, and Cancun. However, this did not seem to be enough to “move the people’s will to do something” or to create political agreements, especially not on behalf of the developed countries. As Jose Bove, a French leader, stated it a couple of months ago during the 11th Conference of the United Nations about Commerce and Development (in Sao Paulo, Brazil): “the rules of the World’s Trade Organization only favor a minority of the international companies and close the doors to the small companies, since only six companies get a hold of 90% of the soy, the corn, and the wheat market, among other products; therefore the ones that get most of the benefits are the developed nations”.

Geneva: good promises, an uncertain will
For the economic analysts, the reforms of the group of frame-agreements signed in Geneva, are focused on agriculture, and therefore they should be interested in countries such as El Salvador. According to Francisco Ibisate, three types of disloyal policies were touched, and, in summary, they involve the present unfair actions of the developed countries in the context of the world trade:
1. The mass subsidies for the exportations (an aspect vehemently underlined by the
G-20 as one of the sins committed by countries such as the United States and the members of the European Union)
2. The credits for the agricultural exportations (used especially by the United States)
3. The monopolies of the State’s companies for exportation (the cases of Canada and Australia).

There is a frame in which the general agreements are more interested in, and which has been designated as “annex A”. Here they examine “A frame to establish the modalities connected with agriculture”, and they indicate that this is the foundation for the future negotiations, since it is framed inside the “long-term objective about the Agreement of Agriculture in order to establish an equitable system of commerce aimed to the market through a program of fundamental reforms”, as for example the “substantial reduction of the internal aid that causes the distortion of commerce” (point 6); “the reduction of all the types of subsidies for the exportation with the objective to make a progressive removal” (point 17). According to point 22 of the frame “the developed countries that are members will receive benefits such as a longer application period for the progressive removal of all the forms of subsidies for exportation” and “more of a substantial improvement of the access to the markets” (point 27).

In other words, the intention is that the developed countries are able to reduce the total of subsidies by approximately 20%, as a first stage during the first year of the agreement, in order that the farmers that receive more subventions are those able to become duty-free first. Allegedly, the most considerable reductions will be applied to those products that receive more protection; however this action has a limit, since there are certain products that will not be affected, and they are usually called “sensitive products” for the most powerful countries; as for instance what rice means to Japan, and what milk, sugar, and red meat mean to Europe.

In this context, there are certain critics that go beyond those who oppose to the actions of the OMC that have been published by the international press. For instance, a publication called International Perspective indicates that “the text adopted in the Geneva meeting was almost identical to the text rejected by a meeting of the OMC during the last year in Cancun. For instance, about the critical problem of the subsidies of the North American cotton, the only variation was a couple of lines that offer a vague promise of future negotiations”. On the other hand –according to a publication called Socialist Worker-, organizations such as the Movement for the World’s Development have indicated that “the United States and the European Union have not set dates to withdraw the subsidies of exportation”.

Prudence is a key feature that will have to be adopted by the group of less developed countries as in the G-20 in reference to the frame-agreement reached in Geneva, that is, if they want to prevent the promises from becoming “a lack of will”. In any case, the international newspapers have underlined the fact that “this is better than nothing”, and this enables the G-20 (leaded by Brazil, China, and India, which all together they add up to 40% of the world’s population) to turn things around in the scenery of the world’s commercial context and celebrate this event in a successful manner. According to Le Soir, a newspaper of Brussels, “the less developed countries have remained in the same place in matters of their agricultural exportations. This stubbornness has brought some results since the finished agreement foresees the negotiation of a possibility to remove the subsidies from the exportations that favor the European farmers. A few years ago, these news would have been unthinkable, but the credits of this achievement (although it is not much) must be fairly rewarded to the G-20, which has ratified its credibility, not as a “subversive” group, but, as Le Monde, a French newspaper, indicates, as a “negotiator”.

For El Salvador, and for the former minister of Economy, Miguel Lacayo, this is incredibly ironic, since he eagerly defended the possibility to turn away and not be part of the G-20, in order to get closer to the interests of the developed countries, such as the United States. By doing this, he turned away, and he left several crucial affairs of the country on hold, mainly important for the weak Salvadoran agricultural sector. Even the director of the OMC indicated that the key movement to reconfigure the negotiations of the free market has been the “political courage” of the countries that belong to the aforementioned organization. That is why that now that the truth is out in the open, as Ibisate indicated, “what is important is that now, after Cancun, the G-20 has more members and that it has become stronger, this is a group that has struggled and it has managed to achieve the Geneva agreement. Miguel Lacayo has made a fool out of himself”.

G

 

 
 
 


Please, send us your comments and suggestions
More information:
Tel: +503-210-6600 ext. 407, Fax: +503-210-6655