Proceso 881

December 1, 1999

 

 

Editorial

Political Fraud

Economy

Situation of the financial system

Society

ISSS: the need for flexibility and realism

Society

The need for investigative journalism

News Briefs

 

 

EDITORIAL

 

POLITICAL FRAUD?

For several months now El Salvador had been without an Attorney General, but for some days now, after intense discussions and consultations between the parties in the Legislative Assembly, the country finally has an Attorney General. As on previous occasions, the process of election of a functionary had been bogged down as a result of the interests of the parties represented in the Legislative Assembly, especially the majority parties. At no time did the deputies think of the implications of their decision in order to advance or move backwards in the democratization of the country, but in what could be most convenient for the country in order to safeguard the darkest party interests.

Seen from this point of view, in the measure that one could be sure that the new Attorney General might favor the interests of the party —so much the better. In essence, this was the heart of the matter during the months in which the election of this government functionary was discussed in the Legislative Assembly: there were pacts between the parties, the objective of which was not the good of the country but of the political parties represented in the plenary session. The expression "pacts or agreements" should be read in the fullness of the terminology: arrangements, deals, blackmail, buying and selling of favors in the sense of influence peddling, and payoffs, all without focussing on the most noble objectives —as would be the case of those who were in truth oriented towards strengthening a state of law— but dealing in proposals worthy only of scorn.

ARENA pushed for an Attorney General who would be docile in the matter of their party’s interests. Concretely, the slogan in the ARENA rank and file was to turn over the post to someone who would not dare to examine with the obligatory attention the recent past of prominent figures of the party involved in criminal activities of the most diverse nature: from direct and indirect threats to torture and assassination. Any candidate for Attorney General who showed the least inclination to re-open cases such as Msgr. Romero, the Jesuits, the leaders of the FDR, etc. would be subject to an immediate veto.

And with this the realm of justice would be undermined in that the establishment of responsibilities would be obstructed, the guilty sanctioned by means of attacks on their human rights and the moral and economic evisceration of the families of the victims will be accomplished —all of which was not and is not important to the ARENA deputies. The dignity of the Salvadoran society was even less important to them then as it is not important now. What was important was to obtain the best guarantees possible for some of those in the highest levels of the party hierarchy, as well as for the military personnel with whom they established complicity for the implementation of the most varied criminal activities. With the ARENA deputies things are clear: neither the good of the country nor justice nor the empire of legality is important to them. Examining these premises, then, to ask them for the minimal commitment with the election of a competent, valiant, honest Attorney General would be a large order, something akin to looking for pears on an elm tree.

In the FMLN there was not to be found a position a diametrically opposed to that of ARENA with regard to commitment for the democratization of the country. Also, within that left party —if not all, at least some leaders— exhibit a hard to disguise interest in burying the past. Those in the FMLN who know themselves to be responsible for activities contrary to human dignity —kidnappings, assassinations, threats— are not willing to run the risk of an independent and capable Attorney General. So it is, then, that the FMLN, as on other occasions, ended up coinciding with ARENA on the topic of the election of the fiscal. As with ARENA, in the FMLN what predominates most is the objective of watching their back more than doing what is most convenient for El Salvador. That point at which the extremes are joined was made truth yet once again in negotiations between ARENA and the FMLN, in which both parties guaranteed their own interests, was the decisive in the sense that the country would have an Attorney General cut to measure for the convenience of both parties.

With regard to the rest of the parties, especially the PDC and the PCN, one might say the same as was said of ARENA and the FMLN: they tried to take the best advantage of the situation using their votes in order to obtain specific political benefits. There is not the sigh test whiff of interest in the strengthening the state of law or in making the state of law more profound rather than stagnant. Conscious, as they are, of the importance of their votes at the point in time in which the balance hangs in favor of one or the other of the major parties, they took advantage to swing the balance in their own favor. Perhaps they could have obtained more benefits if ARENA or the FMLN had not become such close bedfellows; but in this scenario of the coming together of the "extremes" which has come to light during the post-war period, both have obtained some good dividends.

In summary, in the process of electing the Attorney General of the Republic, some among the political parties taken as a whole, behaved as camel-traders. Only by acting out of ignorance, a lack of knowledge or bad faith could any one party be characterized as behaving in an unethical, dishonest way more than any other political party. All turned their backs on the needs of the country; all turned a blind eye to the challenges posed on the question of strengthening a state of law; all were indifferent to the demands for justice by the victims of human rights violations which many voices have expressed since the end of the war. The political parties cannot, neither did they want to, respond to those challenges and demands. They have turned in upon themselves, believing that they themselves are more important than the country. Their members have convinced themselves that it is society which should serve them, understand them and congratulate them for being able to tout politicians who are such agile negotiators that they always bring home their very own bacon.

It is this self-perception of the political class which leads it to make decisions which are hurtful to the interests of the majority of Salvadorans —and this they do without blinking an eye and without the most minimal drop of self-critical ability. In the exercise of this logic the process by which the Attorney General was elected issued in the birth of a practically unknown commodity: an Attorney General whose professional background does not present the least guarantee that he will be capable of taking up the judicial challenges posed by the Salvadoran socio-political process. An Attorney General whose background and work is an unknown quantity —and who, thereby, might be expected to be either a miracle or a fiasco— is perhaps what is most convenient one for the political parties in whose ranks are to be found leaders with a shady past. What hits one between the eyes, however, is that this is neither the best nor adequate situation for the country as a whole. Once more the political class has committed fraud against the society.

 

 

ECONOMY

 

SITUATION OF THE FINANCIAL SYSTEM

Since the beginning of 1999 an unusual tendency has been noted towards the reduction of profits and an increase in the outdated credits of the financial system (Proceso, 849), which is one more sample of the pranced economic deceleration which is evidenced in a reduction of close to 50% of the growth rates. So it is that the growth rates of 7% during the period of 1991-1995 to growth rates of only 3.5% for the period 1996-1999.

The data for the third trimester of 1999 shows that this tendency of the financial sector has been strengthened; for this reason, this sector will close out the current year with greater numbers of delinquent accounts and lower profits owning, principally, to a pronounced fall in the growth rates of sectors such as construction and agriculture. A revision of some recent indicators of the financial sector shows that, in spite of having showed itself, at one point in time, as the most dynamic sector, it also is now experiencing the effects of economic deceleration. At the same time, these indicators show, again, that the country’s economic policy is ignoring signs that should alert it concerning the necessity of taking corrective measures and not simply sitting around and waiting for the sales and income of the economic sectors to recuperate in and of themselves.

According to data provided by the Superintendence of the Financial System (SSF), between the months of September of 1998 and September 1999, the outdated portfolio of the banks rose from 2,154 to 3,400 million colones, which represents an increase of approximately 58%. A symptom of the foregoing is that the goods received in payment to the banks as a result of foreclosures, payments and judicial recuperation also have increased enormously. During the period of time in question, embargoed goods rose from 693.2 to 1,168.7 million colones, which presupposes an increase of 69%.

According to the SSF, this level of delinquency has become problematic because it grew more rapidly than the total of credits, obliging the banks to set up greater reserves and to suffer reductions in their levels of profits. The reserves for September, 1999 balanced out at 2,509 million colones, while for September 1998 they were only 1,557 million colones. The foregoing implies an increase in 67% for the period of time between both months.

According to the superintendent of the financial system, Guillermo Argumedo, the sectors with greatest problems in the area of delinquent debts are agriculture and construction and, given the problem of delinquent bank accounts, the SSF can do nothing more than "push the banks to be more aggressive, as much in administration as in applying charges, extraordinary shares and in the constitution of reserves". In his judgment the current situation is reflected in the slow economic activity which the country is experiencing. The executive director of the Salvadoran Banking Association (ABANSA), Claudio De Rosa, the increase in delinquent bank loans, debts and accounts is owning to the fact that in situations of economic declaration, the businessmen lose their capacity to pay, but that "what is important is that the banks are insuring their solvency by increasing their holdings and reserves".

As a result of the foregoing, the bank has experienced a notable reduction in its levels of profits, passing from 9.07% for September 1998 to –1.5% in September of 1999. This because the bank’s accounts reflect shares in the amount of 475.9 million colones to reflect losses in the amount of 71.7 million colones. According to versions of the SSF, these results are owing to the losses suffered by CREDISA and Agricultural and Livestock Bank (which went bankrupt at the beginning of 1999); although the fact that a negative profit level for the financial system might be a reflection of a reduction in the recuperation of credits should not be underestimated.

The panorama described moves us to reflect upon two elements: the first, the causes for the increase in the delinquency with the bank of the agricultural and construction sectors and, secondly, the possible policies which should be implemented in order to recuperate the rates of economic growth characteristic of the first part of the decade.

The crises in the agricultural and livestock sector and the construction sector are the result of distinct motivations. In the first case, it is owing to a reduction in the profit level while in the second is caused by overproduction of housing. In the agricultural and livestock sector the reduction in the prices of coffee and sugar have been a strong influence because this has reduced, as a result, the amount of sales and has provoked thereby lower available income with which the farmers could pay their credits. On the other hand, in the construction sector the problem is that more houses have been constructed than there are really a demand. The construction businesses find themselves with an inventory of more than 30,000 homes which cannot be sold and, for this reason, they cannot pay the credits extended to them for the construction of them.

In the case of the construction sector, it is important to mention that the bank, as opposed to what might think, is not only a victim of a suspension in payments, but also intervened in the administration of the crisis when it dedicated a good part of its credits to finance the construction of housing for which buyers cannot now be found. In fact, during the first five years which followed the reprivatization of the bank, a good part of the credit was dedicated to the service sectors such as construction and commerce, without any consideration being given to the sustainability of these sectors in the medium and long range.

Recuperation of economic growth is posed as the most urgent task for the economic authorities. Upon this depends greater creation of jobs and incomes, for which it is vital that the financial sector be integrated as well. It has been already demonstrated that a financial sector focussed on the short-term profits is not useful for the sustainability of economic growth; on the contrary, it can even lead to misspending scarce resources when it discriminates against some economic activities, especially the agricultural and industrial activities.

At this point, then, it is clear that even for the financial sector it is not advantageous to assign credit without it being integrated into a long-term vision of development. On the basis of the foregoing, the necessity of imposing the adoption of a new strategy for growth which is led by sectors with the potential for inserting themselves favorably as much into the national market as into the international market, but which, moreover, may be coherent with the rest of the economic policy measures.

One of the key elements for the success of this strategy is to achieve the incorporation of the financial sector into the process of economic reform, promoting a policy of opening up lines of preferential credit for the agricultural and livestock activities as well as industrial activities; these must be lines of credit which distinguish between their low rates of interest, and, above all, by their long term projections, which would permit an adequate maturation process for investments. The first step for achieving the foregoing is to change the prevailing vision into one in which the reduction of rates of growth and an increase in the bank debt are "conjunctural" phenomena which will tend to disappear. It is indispensable to see in these phenomena signs that it is an opportune moment which the economic authorities as well as the financial system to revise their respective policies.

 

 

SOCIETY

 

ISSS: THE NEED FOR FLEXIBILITY AND REALISM

Some years ago it would have been difficult to bet on any trade union activity in the country. Since the signing of the Peace Accords, with the conversion of the armed left into a political party and its distancing of itself from its social base organizations, the trade unions have slowly begun to lose strength and cohesion. The sporadic trade union demonstrations lost themselves in their exclusive vision of the here and now and in their lack of linkage and connection. The privatization of some of the most important autonomous entities of the state (the clearest case being that of ANTEL) seemed to announce the end of some of the organizations which appeared to have passed into an open state of decay and decomposition, incapable of renewing their proposals and action as they faced the demands of a the new period.

Nevertheless, in an open break with this tendency, in 1998 the Doctors’ Union of the Salvadoran Institute for Social Security (SIMETRISSS) entered into a new social dynamic. It was a new kind of trade union in that it was composed of professional members and because of its demands, which included the reform in the health system, which was in a state of crisis because it was bogged down in excessive bureaucracy and corruption. The long and difficult struggle which brought SIMETRISSS to the negotiating table with the authorities of the institution see the guidelines for the birth of a new kind of trade union movement: independent, with a clear and coherent platform of demands, not exclusively limited to labor matters.

Moreover, SIMETRISSS put its finger on the bone of contention: it showed how ISSS as an institution was inefficient and highly disorganized, needing drastic changes in its direction, structure and proposals. With this, it set the agenda for the public discussion of the institutional problem in which it was embroiled —and, in spite of many people— and continues to be embroiled —and which up until that time was covered over with the shadow of governmental apathy and complicity. So now, what has become of all of this now that a year has passed? The response is nothing more than devastating: little or nothing. The commission which was formed (as the result of an agreement between the government and SIMETRISSS) in order to direct and coordinate the reform of the health system has not given visible signs of having advanced in any measure towards the resolution of the problem; on the contrary, the commissions activity seems to have gotten stuck: the same poor service is being offered to the patient-subscribers of ISSS and, contrary to what had been agreed upon with his predecessor, the Floors administration is showing clear signs of moving towards the privatization of the service.

It is in this context that the most recent confrontation —which took the form of a three-week strike— between the ISSS administration and the doctors’ and workers’ unions of the institution. To take into account that the background of the current labor and social conflict in the Social Security Institution is the lack of compliance with important agreements (which cannot, by any means, be reduced to questions of salaries), permits, on the one hand, the evaluation of the problem as separate (as it should be) from the heated and agitated behavior to which both sides have succumbed, and, on the other, permits a demonstration of the little which the postures assumed by either side are contributing to rational solutions which deal with the roots of the problem.

What caused the strike was the breakdown in the negotiations between the director of the ISSS, Vilma de Escobar, and the workers’ union of the institute (STISSS) with regard to a salary increase which had been agreed upon by the previous administration and which had been included in the collective bargaining contract for 1997-1998. What, in the beginning, was an administrative work stoppage, limited to the metropolitan area of the capital city, with the passage of time and the increasing intransigence of both sides, has become an almost complete paralization of service. To this work stoppage SIMETRISSS was joined, almost from the beginning, and a large number of trade union organizations supported it.

What has become obvious is that both sides have a great deal of responsibility in the sharpening of the conflict. The problem with the government side is that at the root of the problem is an attitude problem which is not the result of the failure of dialogue nor the internal dynamic of the question. Flores has contributed to aggravating the crisis in several ways: in the first place, by understanding the trade union struggles from the most stale ideological recipe of the right wing: strikes and demonstrations, for him, are only part of a destabilization plan, behind which is to be found the left. In second place, and consonant with the foregoing, Flores refuses to make any kind of concession to the trade unionists, who, as a matter of course, are seen as mere agitators and law-breakers and not as equals in the process of dialogue and negotiation. In third place, Flores has assumed a posture of disconnecting himself from any commitment to the agreements and policies o the previous administration.

In dealing with the strike and the demands of the trade unionists, the government has only responded with arrogance and a lack of seriousness. As a results of this cavalier attitude, he ordered the discounts from the checks of the workers who participated in the October segment of the strike. In an attitude of provocation, he ordered the presence of the PNC to monitor the Social Security buildings. In an absurd and incoherent act, Flores refused to consider the salary demands of the trade unionists, adducing a lack of funds and a policy of austerity at the same time as he dispatched 1000 million colones to bail out CREDISA, to create new positions for an advisor to the first lady and handed out considerable salary increases to the government functionaries who currently receive salaries above 30,000 colones. It was irresponsible on his part to call upon the trade unionists to desist from their to desist from their activities while he continued to proceed with a pilot plan for the privatization of the health services, thereby violating the accords previously agreed upon with SIMETRISSS.

SIMETRISSS and STISSS have also done their part, fundamentally, in digging in their heels in continuing with the strike without permitting themselves gestures of good will and openness —gestures which would create a situation in which the government could re-initiate negotiations. Obviously, both sides are using the patient-subscribers of ISSS as a lever to pressure the other side. If the basic reason which encourages SIMETRISSS to support STISSS is a noble and reasonable one —as it is—, the means which it utilizes are not quite so noble and reasonable. The threat to abandon the hospitals is absurd. What would happen should the government not cede to this demand and the trade unionists should take it up? SIMETRISSS, STISSS and the Medical Guild are engaged in a very dangerous wager in assuming that the government will give in to such a threat.

Evidently, faced with a complete paralization of service, the ISSS authorities cannot find sufficient human resources to provide service to a population which requires it. Although this premise might be accepted as the only way to make the government come to its senses, it is an overly extreme and pernicious lever to use and should, on principle, be discarded. The doctors and workers of the ISSS are losing sight of the most simple and obvious point: the nobility of a cause does not imply that extreme and irrational means may be used to achieve it. It is ethically unacceptable —and socially irresponsible— that in pushing for the much needed structural improvements in the ISSS that the needs of a large sector of the population can be ignored. Those who proclaim themselves to be defending the health of future patient-subscribers appear ridiculous when they show themselves willing to seriously compromise their immediate health in such a serious way.

In this state of affairs, acts of flexibility are urgently needed. Neither can Francisco Flores permit himself to insist on refusing to name a high level commission for engaging in dialogue with the strikers, nor should SIMETRISS and STISSS continue in their noticeably blind desire to "continue to the final consequences" of their actions. Faced with a short-sighted Flores who, in his stubbornness and confused ideology, it is the task of the trade unionists to offer a minimal truce, although this would imply ceding, on a momentary basis, in order to resume dialogue and negotiation. It is also the responsibility of other sectors of the society to mediate in the conflict and drop their identification with either of the two sides of the problem which is already overly polarized.

 

 

SOCIETY

 

THE NEED FOR INVESTIGATIVE JOURNALISM

How many times has the national press published news about an act which afterwards seems never to have happened? How often has the press provided follow-up to events together with a deep analysis o the facts? Almost never. The truth is that on very few occasions has any species of profound journalism or investigative journalism been part of what is daily sold as information. What one reads in the newspapers is rather late breaking news which, although important, is only isolated data which is frequently never heard of again. If a detailed investigation of the facts is not embarked upon, many aspects which could be of general interest remain hidden from sight. This, although it does not seem to be the case, is a problem of significant magnitude and the national newspapers appear to have detected this situation.

La Prensa Gráfica published, on November 26 through 30, a series of reports entitled "Human Contraband", the principal objective of which was to relate and photograph "the suffering of illegal immigrants, the shrewdness of the coyotes [who charge the immigrants for taking them to the U.S. in an illegal way] and the desperation of the U.S. in attempting to stop the flow of immigrants". During a period of time amounting to a little less than a month, the newspapers participated in a dangerous "adventure" aimed at providing information, by capturing, at first hand, the tired, tragic and, at times, deadly road which the immigrants must travel in search of "a better future".

The information offered in this reportage, displayed throughout four numbers in a series, is very complex because, in it, many different points of view about the problem and a series of concomitant acts were presented concerning the events under investigation. In this series on may find a continued study which issues in a denunciation of the constant violation of the human rights of the immigrants and the lack of legislation which punishes the "coyotes". This is a valid demonstration of investigative journalism which should be put into practice in a serious way throughout the country.

The magazine entitled Vértice, published in El Diario de Hoy is perhaps the only publication which constantly uses investigative journalism. The topics are varied and the treatment given them is presented in an attempt to be easily understood in spite of the focus which response, without exception, to the editorial line of the newspaper. This is a first step which, beyond its own merits, indicates that investigative journalism is just beginning to emerge. Many years more of evolution, preparation and maturation are required in order for the genre to achieve a level of adequate satisfaction as journalism. It is, moreover, necessary for the news media to invest in profound investigative projects by means of which the terrain might be opened up to debate and deal with the root of different aspects of reality.

The importance and need for a deeper kind of journalism is rooted, in the first place, in the eternal monitoring activity and vigilance which the news media ought to perform. Sometimes the journalism served up on a daily basis is not a sufficient instrument for unmasking adverse situations, or denouncing injustices or supporting aspects of social life or to explain an event. Moreover, the daily news, as such, rapidly grows old —its fleeting essence gives it a maximum life of 24 hours. Deep and profound journalism, on the contrary, is an open door for "discovering what is hidden by the public powers that be and which the public has a right to know""(Secanella, P., Periodismo de Investigación, Madrid, Tecnos, 1986, p. 33).

Using this, the superficiality and spontaneous nature of simple journalism may be overcome and more complex visions of things can be presented in their contexts, always with the caveat that a good dose of professional ethics is involved. Investigative journalism, in addition to recording and documenting events, gathers information about the "darker" and unknown sides of the events. This after an arduous journalistic endeavor, can become a social good, inasmuch as it does not permit secret operations which bring with them some kind of negative repercussion for the populace.

Another of the virtues of this kind of journalism is that "it is an important instrument in the formation of public opinion and a thermometer to measure respect for the right to free access to information". In a country where influence peddling, power relations, threats and corruption do as they will in order to protect private group interests, the evolution and development of investigative journalism could mean a step towards democracy (at least in terms of the implications for the circulation of information).

There are various and sundry reasons for which a deeper kind of journalism, or investigative journalism have not found any important practical or theoretical precedent in this country. In principle, because there is not a lot of interest in clarifying the quality of information with regard to focus, topics and objectives. There is no clear vision of how the media can and must be "faithful to its readers". The priorities in the interests of society are not perceived in a precise way, and no continuous contrast in the information is provided—for which reason the tendentious always dominates the publications.

By this we do not mean to declare that investigative journalism should be an objective and impartial means in and of itself —in fact it never could be, but by the very nature of its being obliged to seek all of the dimensions of the words, deeds and situations under scrutiny, the information it publishes could be presented in a more balanced way. As a result, the handling of the public treasury and other areas of society could be made to become a little more transparent.

Another of the reasons for the inferior state of investigative journalistic work is the fact that there exists a very tight agenda of topics which are considered publishable. The editorial lines of the media are still very tight and some topics of social interest are still discriminated against by those in the spheres of power. In this sense, investigation is not considered necessary for many topics. Matters which are of public interest have been and continue to be subjected to the decisions of a "golden glove editorial board".

Finally, there is another reason equally important which applies the brakes to the full development of investigative journalism and that is the economic factor. To maintain a group of researchers can become a millionaire investment for the news media. The competition between newspapers such as El Diario de Hoy and La Prensa Gráfica, for example, has not required a great deal of monetary investment in the category of investigation because their sales are good without it. The existence of the news magazine Vértice is a hopeful sign, but a major application of research is needed in other sections of the newspapers. On the question of the spheres to be explored journalistically the competition will be greater and an improvement the quality of the news will be the consequence.

The socio-political benefits which investigative journalism could bring to bear in the country should not be doubted. The media, in general, would then begin, with some degree of seriousness, to assume their work as "guardians" of the common good. More space will be opened up wherein injustice and abuse could be denounced and where social well-being could be advocated. That which is not known becomes that which does not exist. In this sense, the best of investigative journalism would be to make known that which if it stays hidden, could be prejudicial. Impunity will be reduced to its highest levels and it would have greater continuity in daily news and events. This is the ideal of investigative journalism. It is a goal which is completely realizable as long as there exists a real commitment by the new media —which are well described as "the fourth estate".

 

 

NEWS BRIEFS

 

VETO. On November 26, President Flores rejected two legislative decrees: the one which concedes economic benefits to the employees of the Judicial Organ for this year and the one which pardoned the discounts of the teachers who had gone out on strike. It is a question, in any case, of Decree 757 which offers a salary increase to the judicial employees in the amount of 7.2 million colones. This benefit will be applied to November and December and, according to the president, will create a salary distortion in public administration. The impact for the year 2000, nevertheless, was an increase to 43.2 million colones. The other decree, Decree 758, pardoned a millionaire discount for the teachers who were on strike during the month of October. This meant turning over 7.8 million colones not earned by the teachers. "To have approved these decrees would have meant approving of the irresponsibility of some public employees and would send the wrong message and would set a negative precedent", stated Flores. The presidential veto takes place at a time when the employees of the Judicial Organ do not dismiss the possibility of supporting, by means of pressure applied in the form of a work stoppage, in order to which the workers of the Salvadoran Institute for Social Security (ISSS), in demanding labor improvements (La Prensa Gráfica, November 27, p. 24).

 

FMLN. On November 27 and 28, during its XI National Convention, the FMLN ratified candidates for deputies and mayors who were chosen to run for election during the coming year. There are 168 aspirants to the Legislative Assembly, including deputies and substitutes; 20 for PARLACEN and 262 for mayor, to which was added the future members of their councils. The re-election of Hector Silva as mayor of San Salvador was reaffirmed. The so-called orthodox current of the party is the one which heads almost all of the key commissions. They not only lead the Political Commission and the campaign committee, but are also in charge of sanctioning anyone "who acts outside the rules and regulations". "The results are what we expected. It is work that we defined six months ago", stated Shafick Handal, leader o the orthodox group. The ratification was symbolic, given that at least 20 of the 262 municipalities where the FMLN will compete have not chosen candidates. Changes in the lists of proposals have not been ruled out, given that resignations and a lack of compliance with the requirements might yet take place. Fabio Castillo, Coordinator of the FMLN declared, on this point, that "if a candidate loses, it will be the one next on the list who will substitute for him". For the first time in the history of the FMLN as a political party, the candidates must sign a written commitment to the party (La Prensa Gráfica, November 29, p. 20 and El Diario de Hoy, November 29, p. 2).

 

FIRINGS. On November 29, the leadership of the Salvadoran Institute for Social Security (ISSS) fired 226 employees, who participated in a strike begun on November 15. Sources in the ISSS affirmed that the measure would proceed on the basis of a resolution y the Third Circuit Labor Court, in which the strike was declared illegal and established a space of 24 hours for the workers to reincorporate themselves into their jobs. The decision, moreover, would be in accordance with Article 554 of the Labor Code, the source stated. The employees who were fired worked in the administrative area and in the section for provision of medicine. Nevertheless, the Union of the ISSS Workers (STISSS) stated that approximately 1,000 were fired and that among these are doctors, nurses and base workers as well as heads of sections. The secretary of the STISSS, Armando Platter, stated that the measure is illegal because in Article 73 of the collective bargaining contract establishes that during the period of time in which the collective bargaining contract is in effect, the leadership of the ISSS cannot carry out collective firings. The legal advisor of the union, René Cuadra, threaten to take Director Ana Vilma de Escobar to court for withholding the salaries of the 2000 workers and for "arbitrary" firings. Meanwhile, the strikes are awaiting the conformation of a high-level commission in order to begin dialogue with the government (La Prensa Gráfica, November 30, p. 4).

 

ATTORNEY GENERAL. On November 24, ARENA and the FMLN succeeded in reaching an agreement to elect the new Attorney General of the Republic. With 79 votes in favor and four abstentions, the deputies of the Legislative Assembly voted for the election of Belisario Amadeo Artiga. The naming of the functionary takes place after four and a half months since the term of office of the previous Attorney General, Manuel Córdova Castellanos, ended. During this period of time, the Assistant Attorney General, Pedro Avalos, assumed responsibility for running the Attorney General’s Office. Artiga stated that possible changes in the institute and in the most technical aspects of investigations might take place. "I want to assure you that if there are any changes, they will be made...if it is necessary to technify the institution...it will be done", he said. In spite of his 15 years of retirement from the exercise of penal law, the new Attorney General stated that he was not unqualified for the position because he had experience in other areas. "Today I find myself in the position of facing the possibility of learning another area which has always been fascinating to me", stated Artiga, in his first press conference. Walter Araujo, the head of the ARENA faction, was the deputy who proposed Artiga as Attorney General. "He fulfills all of the requirements of being the ideal person, honesty and capability", he stated. Shafick Handal, of the FMLN, almost immediately supported the motion. "Our faction has taken the decision to give our votes to Mr. Artiga", he stated (La Prensa Gráfica, November 25, p. 4).

 

JUSTICE. The President of the Supreme Court (SCJ), Eduardo Tenorio, accused President Francisco Flores, on December 1, of not complying with the Constitution in ignoring the article related to the freedom of budgetary assignation. This was how Tenorio responded to the refusal of the president to sanction the legislative decree which authorized a salary increase for the employees of the Judicial branch of government. Under Article 182 of the Constitution, the CSJ has the authority to make its own budget for salaries and expenses. It is on the basis of this argument that Tenorio considers that, with the veto, President Flores intruded upon his functions. Nevertheless, given the impossibility that Flores would revoke his decision, the President of the Court asked the deputies of the Legislative Assembly to gather the 56 votes necessary for overriding the veto. "I am asking the Legislative Assembly that they override this [veto] and abide by their own majority [of votes], given that it was the Assembly which decided the decree", he indicated. President Flores, for his part, maintained that the constitution gave him the power to sanction, observe and veto decrees issued by the Legislature. In this sense, he indicated that he would veto "everything which was not good for the country" and that, had he not exercised his right to veto, "the Salvadoran state would have gone bankrupt" (El Diario de Hoy, December 2, pp. 2 and 3; La Prensa Gráfica, December 2, pp. 4 and 5).

 

CDU. On December 1, the magistrates of the Supreme Electoral Tribunal (TSE) ruled against the Popular Labor Party (PPL) which asked to adopt the initials and colors of the United Democratic Center (CDU). Now everything is in the hands of the members of the center coalition, which occupied third place in the last presidential elections, and in the hands of the Democratic Party and Democratic Convergence, which must correct some of the details in the way in which the protocol of the coalition was presented three days ago to the TSE. The electoral magistrate, Pablo Cerna, stated that, together with this resolution, a petition formulated by the PPL requesting the removal from the case of magistrates Juan José Martel and Ramiro Peña Marín was ruled out of order. This because it was considered that these two persons would play the role of judge and defendant. For his part, Ernesto Vilanova, Secretary General of the PPL, declared that the TSE had pulled the decision "out of its sleeve". If the observations formulated by the TSE are overruled, the PD and CD would obtain the patent of the CDU and would be obliged to obtain, in the next elections, at least 6% of the valid votes. The PPL, for its part, concurred only on the elections, which would oblige it to obtain a minimum of 3% of the valid votes in order not to disappear as a political party (El Diario de Hoy, December 2, p. 14 and La Prensa Gráfica, December 2, p. 20).