The Salvadoran people face the past

The economic impact of the tropical storm "Mitch"

The current state of violence in the family

News Briefs

THE SALVADORAN PEOPLE FACE THE PAST 

The arrest of Augusto Pinochet by British authorities, at the request of the Spanish justice system, caused a commotion in various arenas of national and international public opinion. As a corollary, the English House of Lords deemed the diplomatic immunity which Pinochet presumably enjoyed as senator for life to be invalid, and made the further determination that this presumed immunity had allowed him to evade any possibility of being brought to trial for crimes committed originating during and after the point in time at when he headed the military coup d’etat against the government of Salvador Allende in 1973. The lesson being presented by international justice is clear: no one who has committed crimes of lese humanité under the protection and color of law provided by the powers of the state can now feel secure, regardless of the current civil or political status the person may have acquired after having committed, supported or contributed to carrying out assassinations, torture or disappearances.

In El Salvador, the "Pinochet Case" has given rise to the most diverse readings. There is no doubt that those who, in our country, have been involved, from the position of belonging to the state apparatus, in assassinations, tortures and disappearances, know that everything they do to attempt to erase the evidence of past actions will always be insufficient to free them from the threat of being brought to justice for the crimes committed. True, until now they have been free from doubt because, as a result of the very treason of the Salvadoran historical memory and because of the opportunities which, not without a certain complicity, have been opened to them, Salvadoran war criminals have been "converted" to democracy without major complications. This has permitted them not only cynically to hide their past, but also to present themselves as exemplars of democratic values and virtues. It would seem as if they and the assassins of the last two decades are not the same persons, not only because of a change in their taste or in their manner of dressing —before, they used a uniform; now they are never to be seen without a suit and tie— but also for the multifaceted character of their activities —before they were professional personnel in the use of arms and, at most, members of the high command; now they are political analysts, journalists, essayists and university graduates.

Nevertheless, in spite of that conversion, their crimes have not been duly punished. In El Salvador, during the past two decades, there have been committed thousands of assassinations, instances of torture and disappearances, for the commission of which their material and intellectual authors used and abused the instruments of state. Those responsible for these crimes must be brought to trial outside or inside the country; they are aware of this —or ought to be if they know of the "Pinochet Case"— that when that day comes, no honor, title or reputation obtained will do them any good when they must respond for their acts of terror and death.

Shame? Stubbornness? Rejection of reconciliation? No: the reign of law and justice. That those who committed crimes of lese humanité in our country must pay for them is an absolutely legitimate demand which ought to be posed not only by the victims and their families, but also by all who, while they may not have suffered from state terrorism, want a society founded in respect for human dignity and the rule of law. It is already time for Salvadorans to face the past with realism; that we must dare to examine critically the dark periods of the past without fear and with the sincere desire to know the truth. As a result of this examination, the names of persons and institutions who were related to horrendous crimes for which they have not been made to render accounts before the justice system will come to light. It is the responsibility of all Salvadoran citizens —of all— and not only of the victims and their family members, to demand that justice be done.

It is now time to meditate seriously on the validity of the thesis of "forgive and forget". With regard to the "Pinochet Case", those who have brought to light, always with the intention of making us see that we are in a new phase of Salvadoran history in which it is not convenient, if we wish to live in peace and reconciliation, to forgive and forget. On the question of "pardon" it will be necessary to remind those who proclaim it that only the victims of the abuses (many of them assassinations) or their family members can offer to pardon. It is not a publicity campaign slogan. But, in addition to the pardon which might be offered by those have suffered the impact of criminal activity, is the law and its exigencies. It is to the law and its requirements that we who have nothing for which to pardon the Salvadoran war criminals must have recourse. In other words, the pardon has a moral value which does not replace nor can it replace the exercise of law: the victim can pardon his executioner, but this does not mean to say that it can exempt the person from being brought to trial under the laws in effect and of avoiding the punishment which may be meted out by those laws.

Concerning the requirement or petition "to forget", it may be said that it is a neither a wise nor a practical recommendation. In the social sphere, to forget is a most absurd recommendation because it is as a result of knowledge of their past —in light and in darkness— that a group of human beings can obtain strength and teachings in order to confront the present and construct the future. But, on the other hand, for as much as a human group makes an effort to forget, it is with difficulty that this can be achieved in its totality, inasmuch as it might break the thread of continuity with the past from which —whether one wishes it to be so or not— has played a part in making up the present. One can manipulate the past, an interpret it without criticizing it, can attempt to hide or shadow relevant aspects, etc., but one can never forget, because, one always remembers, even if in a distorted or incorrect way. It is more a question of critically recovering that past; of constructing a coherent "historic memory", without false triumphs, false dualities or condemnations without bases, but rather rooted in realism.

A Salvadoran artist composed a song in which he says that El Salvador has covered the signs of its pain with forgiveness and forgetfulness. The composition became a popular success and was well received in official circles because it expresses, doubtless without the author wishing it to, a vision of the country which is very convenient for the interests of those who resist a critical examination of the past. In El Salvador the war criminals have neither been pardoned nor have their activities been forgotten; neither have they been brought to justice and condemned.

THE ECONOMIC IMPACT OF THE TROPICAL STORM "MITCH"

 Once the emergency stage resulting from the tropical storm "Mitch" passed, attention centered on the implications for economic growth and upon the determination of losses. The government as well as the business associations belonging to the agricultural and livestock sector have presented their preliminary figures, and the president of the republic, Armando Calderón Sol, has presented his proposal for the reconstruction of the areas affected.

There appear to be differences between the evaluations presented by private enterprise associations and the government, and even between the quantities and values themselves presented by the government, on the one hand, that the losses are close to 1,159 million colones, while, on the other, the necessities for reconstruction are presented as close to 11,800 million colones.

The current state of affairs has given way to a greater receptivity on the topic of the convenience of investing in the prevention of disasters instead of confronting losses which are greater than the investment in prevention and which, above all, provoke unnecessary human losses and a worsening in the conditions of life of the population of the poor. Beyond the inability of satisfying basic needs, one of the facets of poverty to which little attention is paid is its high vulnerability to natural risks and disasters, as has recently been demonstrated in the area of Central America.

A preliminary evaluation in the post-disaster situation might seriously affect the behavior of production and other macroeconomic equilibrium. In fact, President Armando Calderón Sol has recognized that this is the case as he announced his proposal for reconstruction. In this context , it is interesting to review the estimates of economic losses in order to then review the general lines of the reconstruction plan announced by President Calderón Sol.

In accordance with data gathered by the Committee for National Emergencies, total losses a result of the disaster are close to 1,159 million colones and the greatest losses are in crops, highways and school buildings, in that order. This estimate provides a marked contrast with the estimates of the agricultural and livestock associations, who fix the losses at 1,400 million colones in export crops alone, while the Ministry of Agriculture and Livestock (MAG) fixes the losses at close to 800 million colones in the agricultural and livestock sector. This would imply that direct total losses, which are easily greater than 2,000 million colones, are close to 2% of the Gross National Product for 1998.

According to spokespersons for the Central Reserve Bank (BCR, for its initials in Spanish), for the coming year it is expected that economic growth might grow to 3.5% and not 4% as was projected at the beginning of the year. When examined in comparison with the losses in production, this estimate could even be an overly large estimate; nevertheless, accepting that figure, indirect losses resulting from reduced production could be close to 500 million colons. The situation will become more drastic in the case of the agricultural and livestock sector, which was expected to grow by 3.9% and will now grow only 0.2% in the best of scenarios.

Faced with this panorama, the General Director for the Budget of the Ministry of the Treasury announced that an investment of almost 11,800 million colones will be necessary. This affirmation is far above the 1,159 million colones alleged to be the total amount of the losses. For his part, President Calderón Sol announced the implementation of concrete measures for proceeding with the rehabilitation of the affected zones for which he proposed four general measures: first, the conformation of a "solidarity package" for 10,000 families, which include basic materials for the reconstruction of housing, food and utensils for the home; second, it includes the distribution of seeds, fertilizers, farm tools and equipment and technical assistance for the cultivation of lands "impregnated with dampness and water"; third, the structuring of an economic fund for agricultural development; and, fourth, the reconstruction of the highway infrastructure.

The program for attention to the disaster will pass, once the rehabilitation phase is completed, to the execution of a reconstruction plan along three principal lines: popular housing program including the relocation of settlements towards zones of less risk; reparation of schools, clinics and highways; and, finally, the reconstruction of the productive infrastructure.

The first thing that draws one’s attention in the presidential proposal is that it includes some structural measures for the reduction of disasters, such as the encouragement of agricultural and livestock production, and the bettering of housing conditions. These policies had already been announced in previous governmental plans which were never implemented: the plan for agricultural and livestock production and the plan for social development. What the presidential discourse least demonstrates is that greater comprehension exists concerning the true causes of disasters and the ways to prevent them, but what is to be lamented is that the delay in the implementation of the development programs announced earlier impeded their being able to contribute to the reduction of vulnerability.

The costs of the tropical storm "Mitch" are still the subject of debate, but in any case the adoption of prevention policies which are based on the need to better organize agricultural practices and promote the satisfaction of the basic needs of the most vulnerable population are more than justified.

THE CURRENT STATE OF VIOLENCE IN THE FAMILY

The term violence is generally understood to be the use of extreme force against someone or something. According to "The Declaration Concerning the Elimination of Violence Against Women", violence against women is understood to refer to "sexual and psychological violence which is produced in the family, including ill treatment, the sexual abuse of girls in the home, rape by the husband, acts of violence perpetrated by other members of the family and the violence related to exploitation". The maximum effects of these kinds of violence are various. Mistreatment of women and minors takes the form of beatings, burns, wounds, fractures, etc. And these, in turn, are translated into much more irreversible forms of psychological traumas, abortions and even deaths.

As El Salvador is an eminently violent country, it is not strange that violence in the family is something commonplace that occurs on a daily basis in many homes. Something that should be called violence, more than a question of acts and attitudes, is a systematic and procedural phenomenon; this is to say, it is a product of complex social dynamics which until now have been uncontrollable. As in other societies, Salvadoran society is divided into different segments of class, sex, religion, income, economic and political interests, etc., on the basis of which individuals assume a determinate role and specific status as compared with the rest. The specific order and hierarchy of Salvadoran society are not strangers to the use of force and the economic level which are capable of mobilizing the groups which make it up. This scale of unequal powers is patent and socially legitimate. Each group makes up a social institution, some with greater power and influence than others, but making up, at the same time, a macro-system where what each one does individually will directly or indirectly affect the rest.

This hierarchical ordering of the society is in and of itself violent and makes up a violent structure which is reproduced within the institutions. Violence is, then, a process rooted in all social spheres where the differences between groups and inside them allow for the generation of relationships of dependence which give rise to the use and abuse of power by some persons over others. It is here where it is possible to deal with the case of one of the most basic social institutions which is not exempt from the dynamics of violence: the family.

There also exists, within this group, a hierarchical situation based on gender and, many times, in economic dependence. The man, socially and culturally at an advantage, exercises power in daily relationships within the family. This is a power held out by a long tradition in the cult of the masculine gender, by the biologically natural physical strength which is greater than that of feminine strength and which, for an economic and labor-based culture which it supports, among other things. The man is, as a result, one of the principal agents of violence inside the family. He, in order to impose his power, is allowed —and the women have permitted it— to use his strength because "it ought to be clear who is the head of the family".

Family violence is a physical, social and symbolic process which represents the history of the domination of men over women. To proceed a little farther beyond the rhetoric, one must take into account that, in practice, violence in the family has been converted into a topic which fully involves human rights. The topic has become the object of debate after some Latin American countries passed laws to punish those responsible for violence in the family. The first law to be passed in this respect was approved in Puerto Rico in 1989; thereafter, some 14 nations more created similar mechanisms for controlling this evil.

Likewise, "International Women’s Day" was legalized and celebrated on November 25. It can be said that at the present time this date serves as a reminder of the existence of this social ill, which does not have nearly a basic enough place on national agendas. The celebration of that day provides an opportune moment for diverse feminist and human rights institutions to point out the successes and failures on this topic. In El Salvador, this day was celebrated this year without being able to celebrate successes, but once losses and failures. Paradoxically, on the "Day of Non-Violence against Women", the headlines of national newspapers announced "Violence in the Family Increases", a piece of news particularly opposed to the objectives of the date celebrated.

As the Supreme Court and the Ombudsman’s Office for Human Rights (PDDH, for its initials in Spanish) took a stand against violence in the family and in favor of eradicating it, the national press explained that, between 1997 and 1998 some 26 women died as a result of such violence. The Institute of Legal Medicine revealed that, between January and June of 1998 some 800 cases of violence in the family were reported; the Attorney General’s Office received 10-12 denunciations on a daily basis while the Institute for the Development of Women (ISDEMU, for its initials in Spanish) received some 1,060 cases in only three months. Nevertheless, this is not the most alarming fact. The same day news was published which explained that in some rural areas (small towns and isolated rural communities far from departmental capitals) that attention for these kinds of violence is non-existent. In these places there are no offices where complaints can be registered and the National Civilian Police, the Family Courts of the PDDH show no intention to overcome this problem.

To prevent and sanction violence against women and children lies in the hands of some governmental and non-governmental institutions. There is, for example, the Program of Schools for Parents and Centers for Psychological Assistance. As a spokesperson for the Supreme Court explained, "at the present time our efforts are oriented towards promoting education and training of judges and other functionaries of the justice system...in the problem of violence in the family to take up, in a more effective way, the responsibility for administering a just and more even-handed justice".

So then, the topic of violence in the home is, up to a certain point, a new one for legislation and punishment. The Salvadoran Penal Code has taken it up only since the month of April of 1998. On the basis of this information the reason for the increase in violence in the family in this country can be explained. Nevertheless, it is noteworthy that the matter does not seem to be considered sufficiently relevant. The problem, together with many other problems in human rights, is forgotten in the government platforms of candidates for the presidency, which is now beginning to show signs of difficulty in confronting it. It is necessary, then, to become aware of the situation of violence in the home; it is not enough to limit oneself to collecting data and registering it. It is obvious that the method for prevention being applied in our country is not the best because there have not been up until now either programs or serious studies focussed on this matter.

FMLN. On November 28, Mr. Facundo Guardado, presidential candidate for the FMLN-USC coalition, met with the community council and mayor of the city of Soyapango with the objective of promoting his proposed government plan. Mr. Guardado reiterated that he was "the option for change" while at the same time expressing that "the ARENA candidate is offering more of the same and the people do not want another five years with ARENA" Mr. Guardado affirmed that " very cent paid in taxes would be returned [to the Salvadoran people] in education and health". The Coordinator of the FMLN, Mr. Francisco Jovel, said that these are two of the categories in which the population is most interested. "We are promoting these categories as categories which should be without cost", he explained. Mr. Jose Antonio Guardado of the USC said that his commitment is focussed on "rooting out poverty, fighting delinquency and white-collar crime". Likewise, efforts will be focussed on young people, women, citizen security and the strong application of the law. The mayor of Soyapango for the FMLN, Mr. Manuel Aguilar, expressed his opinion that in order to change the current situation of the country "a centralized government which encourages the Salvadoran people is needed". In his opinion, the FMLN has a "presidential formula which can satisfy the needs of the people". Mr. Aguilar said that this meeting was the beginning of the campaign in this municipality (EL DIARIO DE HOY, November 29, p. 6).

TENORIO. On October 29, Mr. Eduard Tenorio, the President of the Supreme Court (CSJ, for its initials in Spanish did not respond to the first citation sent by the Legislative Assembly calling him to a meeting planned for November 24 the objective of which was to question Mr. Tenorio on the influence he presumably applied in the decisions of some judges in certain judicial processes, especially in the investigations of several kidnappings. The Assembly has cited him again for December 18. If he does not respond to this citation, Mr. Tenorio could be obliged by the police to attend. According to the Special Commission to investigate the rulings of the CSJ has proved that Mr. Tenorio violated the Constitution when he modified the questionnaire, which would be sent to the ex guerrilla comandante, Mr. Joaquín Villalobos. Some deputies expressed their opinion on this matter, as is the case with Mr. Kirio Waldo Salgado of the PLD, who is also the president of the Special Commission, who accused Mr. Tenorio of being "disobedient". Mr. Dagoberto Marroquín, of the PCN, agreed with Mr. Salgado and stated that Mr. Tenorio "is obliged to appear". According to these two statements, the citation is not an invitation, but a requirement to appear based on Article 132 of the Constitution of the Republic. Moreover, in addition to the citation, the CSJ sent another petition requesting the sending of a copy of the agreement taken providing for the modification of the Villalobos questionnaire (LA PRENSA GRAFICA, November 25, p. 24).

RESPONSE. With regard to the ultimatum presented by the Legislative Assembly, Mr. Eduardo Tenorio, President of the Supreme Court, stated that he would not appear before the deputies of the Special Commission. "We do not feel obliged to accept this kind of invitation. The attributions of this Commission are, in our judgement, unconstitutional", he stated, while at the same time stating that he enjoyed the support of the magistrates of the Court. According to Mr. Tenorio, this is sufficient motive not to appear in response to the citation. On this same point, Deputy Kirio Waldo Salgado, of the PLD, stated that this attitude could mean a variation in the course of the Commission’s investigations. He added that, were it to be proven that the modification of the questionnaire sent to the ex comandante of the guerrilla, Mr. Joaquín Villalobos, was signed by the magistrates, all of them would be accused of violating the Constitution of the Republic. "I can go as a citizen, but not in the condition of president of the Judicial Body and of the Supreme Court and of the Constitutional Court," argued Mr. Tenorio. Likewise, he said that a group of deputies does not have the power to sit in judgment on activities, sentencing and authority of a state body and called the deputies attitude "absurd" (EL DIARIO DE HOY, November 27, p. 6).

VIOLENCE. In the context of the "International Day for Non-Violence Against Women", celebrated on November 25, the Salvadoran Institute for the Development of Women (ISDEMU, for its initials in Spanish) declared that, between 1995 and 1997 the effects of violence in the family were tripled. In accordance with this statement, beatings and psychological harm increased, although the figures for deaths as a result of aggressions diminished. The Director of the Program for the Healing of Family Relations (PSRF, for its initials in Spanish), Mr. Enrique Valdez, stated that from the date in March of 1995 when the program was inaugurated until August of this year, 36,884 victims of family violence in critical condition had been attended; three of every four of these victims are women. Women usually present a complaint for physical and psychological violence while for minors the aggressions are of the sexual kind. There are also cases of men who are victims of physical violence. It is a known fact that the greatest number of aggressors live in San Salvador and Soyapango, The PSRF, coordinated by the ISDEMU, works in a multi-disciplinary and institutional system which includes 12 governmental organisms. "Many believe that these problems should be resolved using legal means, but experience has demonstrated that it is through social means [that these problems should be addressed]", stated Mr. Valdez (LA PRENSA GRAFICA, November 25, p. 4).

ARENA. The ARENA party continues its campaigning as the presidential candidate for the party, Mr. Francisco Flores, visited the citizens of San Pedro Perulapía in order to present the second part of his proposed government plan. Mr. Flores commented that one of this principal objectives is the decentralization of water, light, telephone and housing services. According to his presentation, this will succeed in promoting greater participation in the communities, encourage the direct participation of the citizens, private enterprise and Non-Governmental Organizations. Mr. Flores said that his plan focuses especially on the problem of water, which, he stated, requires a different institutional organization from the current organizational structure. "We believe that ANDA [the National Administration of Aqueducts and Sewers] ought to become an organism which provides policies on water"; that is to say, that ANDA ought to cease to be the organism which administers and distributes water services. The ARENA candidate declared that it was not a question of privatization, but of a new policy to define the areas in which "it is better for [water] to be administered by the communities, the government and private[ly]". On the other hand, Mr. Flores offered to encourage the promulgation of a Law for the Ordering of Territory and a Policy for Housing. "We ought to agree on the use of territory. What it is that will go to housing and what to environment, declared Flores (LA PRENSA GRAFICA, November 27, p. 28).

DONATION. The first lady of Mexico, Mrs. Nilda Patricia de Zedillo, donated to the governments of El Salvador, Honduras, Nicaragua and Guatemala $9.6 million, of which $1.4 million (the equivalent of more than 13 million colones) are earmarked for El Salvador. Honduras received $4 million; Guatemala $1.4 million, Nicaragua $2.9 million. The funds were donated as aid to the homeless as a result of Hurricane "Mitch". Mexico’s first lady organized a campaign of solidarity called "Mexico Helps Central America" which took place between 11 to 25 November. This activity included the distribution of 30,000 collection boxes in schools and the emission of tax deductible bonds. According to Mrs. Zedillo, together with the first lady of El Salvador, Mrs. Elizabeth de Calderón Sol, "more than two million dollars were given by Mexican children in public schools and low income child care centers". On the other hand, Mrs. Zedillo declared: "from our own experience we know the value of aid and solidarity", referring to the natural disasters which have affected Mexico. Mr. Armando Calderón Sol, the President of the Republic, during the words of welcome, praised "the unconditionality of Mrs. Zedillo’s help during fundraising activities" (LA PRENSA GRAFICA, November 11 and EL DIARIO DE HOY, November 28, p. 6).