PROCESO 797
MARCH 4, 1998
Economic power and political power
Economic considerations of the environment law
Snares in the process of dialogue
Reflections on sexual violence
The modern history of our country, since its independence from Spain, has seen the intermingling of economic and political interests among the leading elites. The first three decades of the twentieth century are especially illustrative of this phenomenon: the most powerful coffee-growing families not only took control of the wealth but presided over political power directly or in such a way that they delegated it to friends in whom they had confidence. It is a well-known fact that with the coming to power of General Maximiliano Hernandez Martinez a new style in the administration of the state apparatus of power came to the fore: it passed into the hands of the military strata--and there were no intimations of breaking their hold until 1992 when the Peace Accords were signed.
The "demilitarization" of Salvadoran society which the Peace Accords sought began after the ascendency of militarism during the years 1930-1932. This was possible, nevertheless, only by means of a pact--a species of "triple alliance"--among the military strata, the economic elites and the church: some of these, using methods which they deemed to be pertinent, were vigilant in watching over the stability of the socio-political order; others occupied themselves with increasing their own wealth, seeking support for their efforts in the security guaranteed by the iron hand of the military strata; and the third group was concerned for the "salvation" and the "redemption" of Salvadoran souls. Of course, one of the central points of the stability of the pact under discussion was the mutual aid offered one to the other in such a way that rich families offered goods and good marriages to the military caste and the economic contributions made to the church were nothing that one could turn his nose up at. The church, for its part, felt honored to bless the military governments as they came to power--placing at their disposal the majesty of the Metropolitan Cathedral--and honored, as well, to bless the marriages of the powerful families.
The "Triple Alliance" functioned well until a sector of the church (at the initiative of Monsignor Luis Chávez y González) began to speak of the need for organizing the peasants. Although Monsignor Chávez y Gonzalez' interests were aimed at cooperative organization, the power block began to resent the fissure which, with the arrival of Monsignor Oscar Arnulfo Romero, became a rupture with enormous consequences for the political history of the country. For the economic and military elites, one of its allies, the church (a sector of the church) had become an enemy which they had not only to denigrate, but also exterminate.
Among the other two allies, during the first period--which can be said to extend into the mid-1970's (when guerrilla activity and mass mobilizations began to intensify) and last until the beginning of the 1980's (when the ARENA party was formed and the civil war began to intensify in specific zones of the country)--relations were intensified and solidified: and so just as the military people spared no effort in trying to crush the "communist enemy", so the politically powerful groups--who organized their own armed groups as well--did not spare a penny in order to keep the military satisfied. During a second period--which can be said to last from the beginning of the 1980's until the signing of the peace accords--relations between businessmen and military people began to cool, not only because the economically powerful groups began to understand that it was now time to take over once again and administer the state aparatus themselves, but also because of the economic power which the military was accumulating as a result of the war. In good measure, with the signing of the peace accords, the military people lost their capacity to use their power to increase their wealth and to configure a checkmate against the civilian businessmen.
So it is that 1992 brought with it the breakup of the alliance which had dominated Salvadoran history since 1930-1932. This new dynamic began to emerge when, in the circles of economic power, the idea was spawned to create a party which could take control of the state apparatus. If it is the case that the military people had earlier protected the interests of the economic elites, the moment had now arrived for the economic elites to do it for themselves, and this by means of an institution representing their interests and made up of members from their own fold. This is the motor force from which the birth of ARENA as a political party was conceived--once its gangster squad roots gave way to its political options--; that is to say, that what was being born--and what we are now dealing with--is a corporate party in which the circles of economic power wish to see their private interests safeguarded. On this note, much has been said about the internal power plays-- the push and pull at the heart of the party among the financial groups, the industrialists and the erstwhile big agricultural property owners.
With ARENA co-opting important areas of state power, the most powerful business groups have had their economic interests safeguarded. Once again they enjoy the governmental protection upon which they have so much depended throughout the twentieth century. One problem is that the pressures and exigencies which bind ARENA make it difficult for it to govern on behalf of all Salvadorans. Certainly the party was founded with well delimited aims, but once it took up the country's reins of power, it should have gone beyond its original founding conceptions, which, however, it has not done, given the control and power still wielded inside the party by private interests. On the other hand, the businessmen have so bound themselves to ARENA that their autonomy has become subject to the political calculations of the party itself. This is seen in the fact that the business sectors do not show any sign of wanting to negotiate--or even being able to negotiate--alternatives for the government which do not proceed from within ARENA itself, even though such alternatives might allow for more viable global development of the country. And this because of the corporate ties which join them to ARENA. According to them, ARENA is the only party able to safeguard their interests and, as a consequence, they must owe ARENA the most absolute fidelity.
As long as the economic interests do not break their alliances with these political interests, and as long as the inextricable intermingling of these two aspects obtains, the business groups will not be able to recover their capacity for negotiation with other political options and the ARENA party will continue to find itself unable to govern with the full vision of a nation.
After a convulsive state of affairs was unleashed by the discussions of the bill to present the Environment Law, approval was achieved on March 2 and an agreement was reached to reform the Penal Code opening up the possibility for standardizing the conception of ecological crimes. The discussion took up three days of a plenary session [of the Legislative Assembly], but even so there is no guarantee that the Environmental Law will not now face a presidential veto.
The motor force for the presentation of the bill was the intention to commence action on one of the most questionable effects of the models for development practiced throughout the world: the exhaustion of natural resources and the consequent deterioration of the environment. This process has not, however, stopped various business sectors--indeed, the President of the Republic himself, Armando Calderón Sol--from disagreeing publically with crucial aspects of the Environment Law (see PROCESO 796). Undoubtedly this is due to the fact that medium-sized and big business, inextricably intertwined with the functioning of the present government, owe the majority of their profits to the fact that they do not adequately replace the quota of natural resources which they utilize or which are contaminated during the processes of production. Evidently, the application of the law will deeply touch strong economic interests which, nevertheless, have an important voice in expressing their political interests through the government party. Given this state of affairs, it is not inconceivable that the president will exercise his right to veto the Environmental Law.
The contradictions emanating from this law could lead to a delay in the attention focussed on the environment and, as a result, diminish possibilities for development. Given the foregoing, the arguments presented below will briefly examine the relation between the environment and the economy in order to underline the importance of environmental protection so that growth in production can be sustained in time.
Together with the increase and deepening of poverty, the exhaustion of natural resources has demonstrated that the capitalist economic system cannot continue to expand indefinitely without fundamental reforms. Concrete proposals for incorporating the environment into economic analyses have been made, along with other proposals, to relate environmental quality to production as well as to propose "green accounts", with which national accounts take into consideration the value of natural resources.
In addition to the problems relating to production, the environment also poses contradictions for the consumer. These contradictions emerge from the incapacity of the planet earth to sustain, for much longer, the levels of consumption currently practiced in developed countries--much less the levels of consumption of developed countries extended to underdeveloped countries.
Natural resources and the environment supply two fundamental elements for production: health for the labor force and input [raw materials] for production. Additional to the clear ethical aim of preserving human health, this is convenient for business in the measure that it maintains or improves productivity. Nevertheless, the health of the workers is affected by the deterioration of the quality of the air and water, for example, for which reason businesses may also experience problems in finding healthy workers, or, as it stands now, in resolving problems of absenteeism and falling productivity.
On the other hand, businesses use raw materials (natural resources) to move forward their productive projects, but without replacing what they have used--which implies that in the upcoming future we could face an exhaustion of natural resources and economic growth. Agricultural and livestock sectors use the resources of the forests, the land and water in this way; and the industrial sector uses the mineral, water and forestry resources in the same way. Moreover, when they use the natural resources, these businesses, as well as consumers in the home, also contaminate the environment when they pour solid, liquid or contaminating gas wastes into the water and air.
In El Salvador, economic growth has been indissoluble tied to the over-exploitation of natural resources since the introduction of the cultivation of cacao, and, later, with that of indigo as an export crop. Currently, the support capacity of natural resources and of the environment have reached a limit and are now restricting economic growth.
The support capacity of the environment--that is to say, the possibility of the environment to regenerate itself as it faces the aggressions of economic activity--is not infinite and, in the case of El Salvador, has reached the end of these possibilities. El Salvador is considered to be one of the countries experiencing the greatest degree of deterioration of natural resources and of its environment of all of the countries of Latin America. Two thirds of its terrain is eroded. Only 2% of its original forests still exist. Ninety per cent of its rivers are contaminated by sewage, agricultural, chemical and industrial waste materials. A significant quotient of gases noxious for the health of the population is being emitted and this, in turn, is producing a green-house effect. Water resources essential to life, are diminishing at an accelerated rate.
On the macro-economic level, the lack of care for the environment has serious consequences, as detailed in the investigations of the Salvadoran Foundation for Economic and Social Development (FUSADES), a think-tank partially supported by Salvadoran business sectors, which opposes the provisions of the Environmental Law. According to FUSADES, the economic and social costs of environmental deterioration for the year 1995 could be rounded out to between 2.8% and 4.3% of the Gross National Product for that year.
Without doubt the costs of environmental deterioration are elevated and this fact without doubt indicates that the creation of a legal instrument such as the Environment Law is merited. The government has recognized this in its signing of international treaties for the protection of the environment such as the Río de Janeiro Summit Meeting of 1992, the Alliance for Sustainable Development, the exchange of debts for natural resources with the governments of the United States and Canada and the Accord for the Struggle Against Draught and the Conversion of Land into Deserts.
The major problem is not at the level of discourse but at the level of implementation. The fundamental problem consists in how the government reconciles compliance with these international treaties with the interests of big business, which it represents. Evidently, the application of heavy penalties for those who use natural resources irresponsibly along with credit allowances for project development will imply greater costs for businesses and could stimulate them to adopt techniques for reducing contamination and the unsustainable use of natural resources. These costs will not necessarily to be paid by the businesses, given the universal practice of passing these costs on to the consumer.
The Environmental Law should be the logical result of governmental concern for the critical situation of the environment, but in reality, the government's word is incoherent when compared with its deeds. Before proceeding to veto the Environment Law, the president and private enterprise itself ought to examine the environmental reality of the country, including the economic and social implications of its deterioration and the need to generate economic growth without compromising natural resources and the environment.
It is possible to affirm that, since the signing of the Peace Accords, pessimism and apathy for social concerns has found fertile ground among the Salvadoran population. This may be attributable to the effects of the war or to the fact that the new democratic scenario is not sufficiently attractive to enjoin the participation of citizens so that they might take an active role in the full gamut of activities comprising social participation, a phenomenon in the throes of extinction, and not reducible, of course, to the simple act of casting a vote. We are speaking here, evidently, of qualitative participation, participation which seeks consciously and rationally to generate changes in the social structure.
Certainly, dialogue and consensus-building are essential ingredients for citizen participation; but they are not sufficient. Circumstances exist in which dialogue is either impossible a priori, or in which it is bogged down in sterile and dilatory discussions in which the process of consensus-building aims more to avoid conflict than to resolve it. In the present context, brainy analysts declare themselves to be the holders of the torch which illumines the road for leaving immaturity behind, in which to commune with the ideal of society as it is presently defined is a sine qua non for being a rational citizen, and in which dialogue and consensus-building appear to be more oriented towards maintaining that which has already been won than towards making new changes possible.
Dialogue and consensus-building without a concomitant examination of the results are too much insisted upon. This ever-increasing tendency calls upon us to participate in dialogue which, rather than being operative, becomes a justification for options and decisions already taken. Among the points for discussion already defined and so unquestionable as to the results already posed beforehand, dialogue is an intermediate option destined to calm the democratic consciences of the participants.
We have lost sight of the fact that citizen participation in action--now bedeviled, given that reason must always be operative--can be an adequate mechanism for producing change. Leaving aside violent action, principles such as civil disobedience practiced by Thoreau and Gandhi have demonstrated their potential for social change once dialogue has failed or become inoperative.
Upon the judgments taken in the case of the strike called by the Medical Workers' Union of the Social Security Institute (SIMETRISSS), this false notion of social participation has weighed heavily. In spite of the fact that negotiations between the doctors and the leadership of ISSS have been maintained for nine months without achieving specific results--in large measure owing to the attitude of the director of the institution and in spite of the fact that the demands of SIMETRISSS are oriented towards improving the difficult conditions under which medical attention is provided in the Social Security Institute--there has been no hesitation to condemn the action of the doctors.
Can the action taken by SIMETRISSS qualify as an example of valid social participation? The central element to be considered if we are to say no, is if the affiliates of ISSS are being affected because they are not able to receive adequate health services. Nevertheless, this train of thought fails to take the evident into consideration: if the strike were to succeed in implementing the mechanisms necessary to comply with the demands of the doctors, the very population which is now denied service could, in the future, enjoy the attention it deserves.
Although some media reports emphasized only the doctors' salary demands, aiming, in this way, to reduce the matter to a simple question of outrageous ambition, it is undeniable that this is not the only demand presented to the leadership of ISSS. Still, one must take into consideration that one of the reasons for the stalemate was the demand by the doctors that the ISSS should submit to an audit so that the adequate assignment of financial resources might be verified.
It would be difficult to affirm that recourse to a strike was the first option considered by SIMETRISSS in order to win a hearing for its petitions. If one examines the first work stoppage on January 29 of this year, it is clear that this step was taken only after seven months of fruitless negotiations. It would be difficult to call the doctors' action irrational when it is precisely the irrationality evidenced by the ISSS that the doctors aim to overcome.
It would be rash to flatly deny that there may be private interests at play behind the SIMETRISSS objective to pursue the common good of the patients. Nevertheless, if, for there to be a social demonstration against the conditions under which ISSS operates, one would have had to await the initiative of those insured under the benefits of Social Security, the date of the change would have had to be programmed for an indeterminate future.
All objections aside, the social demonstration by SIMETRISSS, including the quota of sacrifice imposed, for now, on those who are insured under Social Security, is one of the most promising activities this year or last. This is principally because it expresses in action what some aim to bury under discourse and democratic rhetoric: a rationally belligerant attitude that is not satisfied with the mere fact of dialogue.
"Horrendous rape of a child." This is the way one morning daily in this country characterized the sexual abuse of an eight-year-old girl. This characterization is not because rape is uncommon, but rather because the rapists were two boys ten years of age. This disconcerting event occurred in a San Miguel Department school on January 23 of this year. The news report describes how the aggressors found the girl alone in her classroom during a medical and dental campaign and took advantage of the moment to attack her. Two days passed before the mother of the girl learned of what had occurred and went to the Attorney General's office to denounce it. It was then confirmed that the rapists were two boys against whom no justice could be done given that the law for minor offenders enters into effect only after the aggressor's age is twelve years or above.
This situation demonstrates the gravity of the crisis of values which our country is experiencing. It is certainly the case that when minors are involved, the situation is sensitive; to draw hurried conclusions in such cases could lead to serious errors. Nevertheless, it is clear that these small rapists acted as they did not only because of natural curiosity; rather they were supported by their social and cultural experiences. The vicious circle is undoubtedly evident: the boys see, hear and learn that masculine power is superior to that of feminine power and believe that men have rights and absolute dominion over women and that females, like it or not, must submit to their orders. Logically, if they see this kind of thing in their homes, on the television and hear it in the streets, they will reproduce and practice these ideas and behavioral modes which society has presented to them as something "normal".
Sexual abuse is a common practice in this country. This fact demonstrates the belief that a man has, because of his nature, an exuberant sexuality, insatiable and uncontrollable, the mitigation of which is woman. From this premise follows the sexual aggression which women of any age suffer. The following data is sufficient example: during the month of January of this year a 28-year-old man attempted to rape two girls 7 and 4 years of age in Cuscatancingo; on February 13, three masked men raped a girl 17 years of age in front of her mother and brothers after forcibly entering the home of the victim. One of the most recent cases in San Salvador is that of a 21-year-old girl attacked by an armed man who took her down underneath a bridge where 14 more men were waiting to rape her. The list of cases such as these is endless, but what is more alarming is the small percentage of these abuses which are denounced; and even more, in the majority of cases, those guilty are not arrested.
In the rural areas of El Salvador it is even more difficult for sexual crimes to be brought to light or for women to have the courage and the initiative to denounce them. This is owing, among other reasons, to the fact that the fearful "respect" in which men are held is stronger than the sense of one's own personal and psychological integrity. In the small towns of the eastern, central and western zones of the country, rapes by family members (fathers, uncles and brothers...) are frequent because women know little or nothing of their rights and stick to the idea that they are for serving and obeying a man's every order. Owing to this, the relationships inside the family or the age of the woman have no importance. In fact, incest is something very common when a father sexually abuses his daughter in a relation which usually lasts for several years, and the mother either does not know of it or simply prefers to ignore the situation in order to keep her husband or companion.
Sexual violence is a reality in the countryside and the coastal areas of El Salvador and, given this, is beyond the reach of the law. Forty-five per cent of the total population live in these zones where the majority of the population is made up of women. Although it may seen an exaggerated assertion, the majority of these, girls and adult women have either been raped or have been one step away from rape. The denunciations are not made because of fear, because of ignorance of the law or because they consider that this kind of violence is something "normal".
All in all, the Women and Children's Section of the Attorney General's office (FGR) declares that the number of rape cases was notably reduced in the first month of this year when compared with the same period in 1997. The Women and Children's Section documented, for January 1998, a total of 100 cases of rape in the outlying areas of San Salvador. Of these, 82 were committed against minors and the rest against adult women. According to the FGR, in January of 1997 alone they opened files on 213 cases of sexual abuse.
For many reasons, the situation of criminality described above gravely affects the social fabric of life of the country. Two of these reasons are, nevertheless, among the principal ones. First, the direct consequences for the victims. A woman or girl who suffers physical abuse will surely have psychological problems. Their reaction to the rape could take various forms: it may be difficult or impossible to live with a man; it may be difficult for her to go out alone; she may suffer from low self esteem. The problem could also extend to family and marital relationships. Many husbands reject a wife after she has been raped or vice versa. In the case of minor rape, it is undoubtedly such a severe experience that it could inhibit her development in society throughout her whole life.
On other occasions, the problem is more complex. A woman who is raped may become pregnant from the rapist and the situation becomes doubly difficult given the possibility of having either to have an abortion or accept a child from someone who took advantage of her. On the other hand, there exists the sordid possibility of contracting AIDS or other venereal disease. In other words, the primary problem is that the rape itself goes beyond the physical aggression committed against the girl or woman.
In the second place, the phenomenon of sexual aggression is not only worrisome for the mental health of the victims but also for the attacker. Rapists have varied reasons or impulses for raping another person. Based on this premise, psychologists have constructed five different profiles of rapists: (1) "a rapist with complexes: this is a man who rapes to compensate for his personal deficiencies; he has low self esteem and commits the act only because he wishes to feel superior. (2) "Anti-social rapists": considers society to be his enemy and seeks principally sexual satisfaction. (3) "Seducers": feel an accumulated satisfaction for the large number of sexual relationships he experiences. (4) "Rapists of children": choose as their victims girls between the age of 12 and 16 animated by pornography. (5) "Pedophiles": men who attack boys or girls, taking advantage of the family environment. In conclusion, the second problematic factor implied in the phenomenon of sexual violence, is the large number of men with mental and behavioral problems who are loose on the streets, offices, schools and factories.
In conclusion, drawing certain valid conclusions from such a complicated topic as this is difficult, above all because it is not a recent problem but the result of a tradition of attitudes dealing with gender. Strong and extensive collective work, education, studies, security and vigilance, prevention and legal punishment are needed to begin the struggle against sexual violence. The government and the institutions charged with this work must dedicate themselves fully to an immediate plan of action to put a stop to this evil.
ENVIRONMENT.
As it contemplated the approval of the Environment Law, the Salvadoran Chamber of Commerce and Industry made the evaluation that the mechanism for popular consultation included in the law would become an obstacle to national and foreign investment because it leaves open the possibility that persons not knowledgeable in the matter might express opinions on matters eminently technical and economic. Representatives of this body declared that they are not entirely opposed to the establishment of regulations to protect the environment, but, they stated, they are opposed to the fact that the observations and recommendations on the law presented by ANEP have not been taken into account (EL MUNDO, March 2, p. 10).REFORMS. The Environmental Commission of the Legislative Assembly announced, on March 2, that it would carry out a study of possible reforms to a series of articles in the Health Code. The congresspeople commented that in this way they aimed to provide a more thorough review of businesses and laboratories involved in chemical matters as well as of all of the products distributed by them. In the opinion of ARENA Deputy René Rodríguez, they are disposed to carry out a complete review of the Health Code and, in order to accomplish this, they will form a sub-commission that will be charged with the study, with an eye to determining the functions and obligations of each of the institutions responsible for oversight of the businesses (DIARIO DE HOY, March 2, p. 3).
RE-ELECTION. The Ombudsman for the Defense of Human Rights, Dr. Victoria Marina de Avilés, stated, on February 2 that she would not accept a second period in office. "The decision is that I am not a candidate for re-election as long as, in this country, the decision to appoint functionaries is made on the basis of sectarian party reasons", she declared, warning that if this election is carried out for quotas of power, it "is a wound unto death for the institution. [...] I will leave with the feeling of satisfaction that I have completed my duty," she said, adding that "as we are dealing with an office, a responsibility in the matter of conscience, I have acted with the greatest independence and autonomy, with rigorous respect for the letter and spirit of the constitution and I would do ill to hold myself out as a candidate for re-election in the context of a process in which decision-making is carried out in such a way that it is possible to perceive motivations of a [political] party nature". ARENA Deputy Walter Araujo stated that his party opposed the administration of Dr. de Avilés given that, for them, she has acted with partiality. In the words of ARENA Deputy Gloria Salguero Gross, "the partiality of the Ombudsman is left-leaning. It is sufficient to review her actions in resolutions and the personnel with whom she has filled vacancies, to confirm the opinion we hold" (LA PRENSA GRAFICA, March 3, p. 16 and DIARIO LATINO, February 28, p. 3).
WORK STOPPAGE. Following a series of negotiating sessions with ISSS, the Medical Workers' Union of ISSS (SIMETRISSS) initiated, at a national level, an indefinite work stoppage on March 2, supported by 93% of the doctors of the institution. Their demands include a series of improvements which encompass, as well, issues of attention to patient as well as salary demands. Representatives of the Salvadoran Medical Guild explained that the negotiations with the authorities of Social Security broke down when they refused to accept the demand for an audit of accounts of the institution in order to examine the distribution of costs and expenses. The union also accused ISSS of participating in negotiations for the sole objective of maintaining a positive public image of the institution and to obscure public protest activities, given that in the meetings, full compliance with union demands was not achieved. The Press Secretary for SIMETRISSS, Ricardo Flores, said that their demands continued to be the same: the doctors demand direct participation in planning and health projects so that such planning is carried out in a joint fashion. Meanwhile, Maria Julia Castillo, Director of ISSS, said that they would make a determination as to whether the doctors' action is legal. Should the determination be negative, the ISSS would take discounts from participants' checks or there would be firings (DIARIO LATINO, March 3, p. 3).