El Salvador

Labor Issues-Maquillas

2009-03-21T12:08:00.000-07:00

Legislative Assembly Commission on Labor

According to the President of the Labor Committee of the Legislative Assembly, working conditions in El Salvador have not improved very much because of resistance from the right wing. The minimum wage varies depending on the type of job but for all sectors is less than $200 a month. With an average cost of living of $750 per month for a family of 5, there is no way a family can survive on the minimum.

Although there are laws protecting workers, they have not been implemented. A majority of the people in the cabinet are business people who are protecting their own interests. The Ministry of Labor is in charge of making sure labor laws are followed, but in the past 20 years this hasn't happened as it should. In the maquilla sector collaboration between the inspectors and owners results in a failure to document abuses. Workers who try to form unions are fired and put on black lists.

Another concern is pensions. During the last 30 years, the government has privatized the pension system using Chile's system as a model. But El Salvador doesn't have the developed economy that Chile has, and it has no oil, gas or other natural resources. The pension system works as a savings account, but because of the economy in recent years, pensions haven't been enough to have a comfortable retirement.

For those in the informal sector, the street vendors, there are no protections. They are not covered by minimum wage laws or the pension system nor do they enjoy the health care benefits which other workers have. However, the FMLN platform calls for working with the informal sector to expand the Social Security (health) and pension systems. We hope they succeed.

The Labor Committee President also informed us that although the U. S. government supports labor rights in public, that support is not much in evidence. He said that labor rights are not protected as they should be by the free trade agreement, CAFTA.

As for unions, a very small percentage of private employees have unions. In the public sector there are employee associations, but most don't have the standing of unions.

Maquillas

Later that day we met with a lawyer for the Movimiento de Mujeres-Mélida Anaya Montes (MAM) and 2 maquilla workers. MAM provides training for maquilla workers in 3 areas: gender relations in the household, feminist ethics, and labor law/worker rights issues. Since outside organizations aren't allowed to enter the maquillas, workers need to be able to identify violations of their rights.

To attend meetings or training sessions, women must take off work at great risk. One of the women at this meeting graduated from the training program but was accused of being a guerrilla and was fired. Now she can't get a job in a maquilla but works training other workers.

Since workers have a great fear of being fired, MAM trainers cannot approach them directly. Instead trainers give massages and good smelling lotions to the workers. While giving the massage, they subtly get information regarding working conditions inside the maquillas and let the women know about the training sessions.

Occupational health is a major concern. Many women develop problems with their arms and legs, and extremely bright lights cause skin damage. Because it costs about $1,000 to prosecute a case, and there needs to be more research to provide evidence of the causes of the health issues, not many cases have been denounced. But because of MAM's work, occupational health was debated in the Legislative Assembly.

Owners of the maquillas come from Taiwan, South Korea, the United States and El Salvador. Although working conditions in all maquillas are very poor, there are fewer violations of worker protection laws in the U.S. owned businesses than in the others.

Recently Lida, a South Korean company, closed and 1,700 jobs were lost. When the company refused to pay workers what they were due, the women took control of the machines until the company paid something. The workers only received 50% of what they were owed but wouldn 't have gotten that without the organized protest.

MAM has difficulty getting information regarding what employers report regarding deductions for Social Security (health care). Employers are pocketing the money rather than paying into the systmem for their employees. Then the women can't get health care.

The maquilla workers told us that prior to the Presidential election, employers told workers that if the FMLN was elected, the company would close and the women would lose their jobs. Workers were also told to take a photo of their ballots showing they had voted for ARENA. Employers held daily meetings, sometimes 3 times a day. In these meetings, bosses played on the emotions of the women by telling them to think about their families when they voted. Without jobs, their children would grow up hungry, there would be another war, and/or the company would move if the FMLN won.

At the time of this report, MAM was working on a report of working conditions inside the maquillas. A pulication date of April, 2009 was projected. I gave the lawyer my on the MAM website: www.lasmeridas.org.

In Memory of Oscar Romero

2009-03-21T12:06:00.000-07:00

Today, March 24, marks the 29th anniversary of Salvdoran Archbishop Oscar Romero's death. On Saturday afternoon hundreds of people gathered at the monument, El Salvador del Mundo, to listen to music and begin a procession to the Metropolitan Cathedral of the Holy Savior in El Centro where an outside mass was held. Today there was another procession beginning at the chapel where Romero was slain in 1980 and again ending at the Cathedral. To learn more about Romero, watch the film Romero starring Raul Julia. You can purchase it at Amazon.com.

Election Day-- March 15, 2009

2009-03-21T06:36:00.000-07:00

The composition of my observer delegation was very interesting. Four of the eight were young women from Quebec whose native language was French. Most were more or less fluent in English and/or Spanish. One was a young Salvadoran-Canadian man who has lived in Quebec for 3 years. His English was very poor but he was able to speak some French. Two more were a husband and wife from Milwaukee. His Spanish was almost fluent while hers was very basic. I was the coordinator of the group, but my Spanish, though much improved, is still not fluent, so I often needed help with translation. The 3 of us from the U.S. speak no French. Thus an eavesdropper might hear English, French and Spanish being spoken within the group at any given moment.

In El Salvdor there may be one or more voting centers in a municipality. Within a voting center there are a number of tables which have their own voting booth and ballot box. For this election since only 2 of the 6 political parties had a candidate, there were 4 people seated at each table (called the JRV or Vote Receiving Board)--2 from ARENA and 2 from the FMLN. They sat in this order at the table: Secretary, President, 2nd Vocal, 1st Vocal. Each person at the table had a specific role. Each party was allowed 1 official Vigilante and Suplentes (substitutes) for the people at the table and the Vigilantes. If 1, or 2 observers as was the case at my table, were added, there wasn't much space left for the voters.

Unlike most voting centers in El Salvador, which are inside schools, the voting center in Chalatenango is set up on the sidewalks of two adjoining streets. You would think that this would allow for more space between voting tables, but that was not the case. It was very difficult for observers to find a place to stand without interfering with the process.

In El Salvador voters are assigned a voting center based on their last names--not on their residence. This means that many voters have to travel very long distances in order to vote. Thus a number of people were unable to reach the centers. The Supreme Electoral Tribunal (TSE) did provide free transportation in the large urban areas such as San Salvador but not in smaller municipalities such as Chalatenango. Transportation there was provided by the political parties. For this election that was the FMLN (the leftist party) and ARENA (the party of the right). Since ARENA is the party of the wealthy, there were many more buses, taxis, vans and cars bringing ARENA voters than those transporting FMLN voters.

Though Election Day in Chalatenango and in other voting centers was very peaceful, there were a number of observed cases of not following the election laws and of fraud as well as unintentional mistakes. For example, at the table I observed, the Secretary forgot to stamp the unused ballots at the end of voting. While checking through the box of voting materials, the JRV discovered the unused stamp and promptly corrected that mistake. In other municipalities voters were observed taking photos of their ballots which serves as a confirmation that employers had threatened to fire workers who did not show proof of their vote for ARENA. In Chalatenango, the President of the Municipal Voting Board offered a youth, who had forgotten to bring his DUI (official identification document), transportation to retrieve it if the youth would vote for the FMLN.

In the end, it is truly a miracle that the FMLN won this election. Prior to the election ARENA had given food and school supplies to families and make-up kits to young women and offered money to those who would vote for their candidate. Workers in large businesses such as Coca-Cola and the maquillas (garment factories) were told that the factory would close and move to another country if the FMLN won, or they were told to vote for ARENA and show proof of their votes by taking photos of their ballots with their cell phones. The 2 conservative newspapers and TV channels bombarded people with threats that a vote for Funes was a vote for Cesar Chavez of Venzuela and that remittances from the U.S. would end if the FMLN gained the presidency. Fortunately, because of messages from many of you, the U.S. Embassy in El Salvador did make a statement contradicting the latter threat and affirming U.S. neutrality in the election. Funes won this election by more than 2.5 percentage points. How much greater would that margin have been if not for vote buying and intimidation by the opposition?

Guarjila

2009-03-19T14:49:00.000-07:00

Our Election Observer Mission delegation arrived in Guarjila, Chalatenango, on Saturday afternoon, March 14, one day before the Presidential election. Guarjila is a community near the Honduran border and is a stronghold of the FMLN (Farabundo Marti National Liberation Front). It is also the home of Radio Sumpul which has a Sister City relationship with WERU radio in Maine.

When we arrived, a blockade of the road into Guarjila from the north was in progress. This blockade had been set up over a week before because of concerns that Hondurans would try to enter the country illegally and vote for the ARENA party candidate. At first members of the community ran the blockade, but they were able to convince the National Civilian Police to take over this task. They informed us that a number of Hondurans without documentation had been denied entry. Their fear was that because ARENA had promised payment for their votes, the Hondurans would attempt to reach their destinations on foot.

Another indication of the community's activism was the formation of a human chain consisting of members of that community as well as those of San Jose Las Flores and Nueva Trinidad to block representatives from the Canadian mining company Au Martinique Silver from entering their communities in 2005.

We met with the Community Council who told the history of the community and of the priest who worked there for many years, Jon Cortina. Most of the residents of the community did not live there before the war, though they did live in the region around Guarjila. The community has fond memories of Fr. Cortina who, during the war, was a voice of opposition like the other Jesuits who were assassinated in the University of Central America on November 16, 1989. The reason Cortina survived is that he was in Guarjila at the time of the assassination. They also spoke of their optimism and hope surrounding the election and their firm belief that Mauricio Funes would win.

Before leaving, we visited the radio station where one of our members made a brief statement about the role of election observers and answered a few questions from the announcer. For more information about Radio Sumpul and its sister station in Maine click on this link: http://www.weru.org/RadioSumpul.html.

Exciting News from Chilama

2009-02-28T17:56:00.000-08:00

Today Sarah Bishop, one of Sister Cities’ El Salvador staff members, and I visited with the Directiva in Chilama, the Sister City of Friends of Chilama in Crystal Lake, Woodstock and Cary. The Directiva has 11 members--7 women and 4 men. Francisco Trujillo is the president again after taking a year off because of a work obligation. Marleni Guadalupe Menjivar is the vice-president and Maria Teresa Flores is the secretary.

I'm extremely excited about what's happening there. In December the community finally received legal status from the alcalde (mayor). This enables them to receive support for their projects from the government. The mayor has promised the use of a machine that will be used to widen the road to the village and sand and cement to prevent the road from washing away. The road already is much better than last year at this time. A truck can drive down and back up the road!
They have also had the use of a machine to place rocks and boulders along the banks of the river to act as a levee and prevent flooding in the wet season.

Community members have received training from CORDES regarding gender issues and hygeine while others attended a political meeting on February 5 and will go door to door to campaign for the Presidential election. They have also received training on water and sanitation and disaster prevention.

They have a work plan for other projects as well. Last week they held an assembly and the entire community committed to work on the plan. Those plans include a small chapel so folks don't have to travel so far to go to a church (they already have the cement), a primary school, an agriculture project, continuing to work on environmental concerns, and bringing pure water to the entire community. They have met with the mayor who has agreed to support these projects.

The Directiva thanked us for supporting the scholarship program and for bringing medicine and school supplies. They asked about Libby and are excited that she hopes to visit in November or December.

They are encouraged by the Obama presidency and asked me what I thought. They wanted to know if I thought the US would not interfere with the election as it has in the past. That's a good question. I said there were many in the US who have been contacting their members of Congress and calling on the acting US Ambassador in ES to deny any claims that the US favors either party.

The reason they were finally granted legal status--politics! Most people in Chilama are supporters of the FMLN while the mayor is a member of the PDC party. In the election in January, the FMLN and the PDC formed a coalition meaning that a vote for the FMLN was a vote for the PDC so that the mayor could win. Without that coalition, the ARENA party would have won the mayorship. Since the community members supported his candidacy, he agreed to grant legal status and support their projects. Let's hope these were not empty campaign promises and that he will follow through.

Press Release from the Center for Exchange and Soliedarity Regarding the January 20

2009-01-24T15:01:00.000-08:00

San Salvador, January 20, 2009

Preliminary Observations and Recommendations of the Eighth International Election Observation Mission of the Center for Exchange and Solidarity (CIS), 2009

The eighth International Election Observer Mission of CIS is observing and monitoring the election process of January and March 2009 in El Salvador. CIS is a non-governmental organization whose central objectives are to promote solidarity between the people of El Salvador and other peoples of the world and to educate and contribute to the development of democracy.

CIS has sponsored International Election Observer Missions in each election in El Salvador since the signing of the Peace Accords in 1992 and this eighth mission is enhanced by the practice and experience of 15 years of election observation in El Salvador. The Election Observation Mission of January, 2009, includes more than 80 international observers from eleven nations: Australia, Austria, Canada, Denmark, Italy, Mexico, Netherlands, Norway, Sweden, United Kingdom and the United States of America.

The mission observed in 19 municipalities, including Cinquera, Ilobasco, Victoria, Guacotecti, San Isidro, and Sensuntepeque in the Department of Cabañas; Cojutepeque, Suchitoto, San Pedro Perulapán and San Rafael Cedros in the Department of Cuscatlán; Comasagua, Tamanique, San José Villanueva, Antiguo Cuscatlán and Santa Tecla, in the Department of La Libertad; San Salvador, Soyapango, and Tonacatepeque in the Department of San Salvador; Santa Ana in the Department of Santa Ana, and Jiquilisco in the Department of Usulután.

On January 18, 2009, we observed the following:

The voting centers opened late due to various reasons, including confusion about the process, lateness in handing out the electoral packets, late arrival or absence of members of the voting tables, and others (scheduled time of opening is 7 a.m.):

Antiguo Cuscatlán: 8 a.m.

Comasagua – 7:55 a.m. due to the absence of the secretary and suplente of the party FDR.

Ilobasco 7 a.m. 9:30 a.m.

Jiquilisco: 7:45 a.m.- the last electoral packet handed out

San José Villanueva: 8:00 a.m. (ARENA arrived late)

San Pedro Perulapán (City Center) – 7:30 a.m.

San Pedro Perulapán (Istagua) 8:10 a.m.

San Rafael Cedros (City Center) 7:45 a.m.

San Salvador (Feria Internacional) a las 8 a.m.

Sta. Ana: (INSA): 8:00 a.m.

Sta. Tecla: 7:30 a.m.

Soyapango (Hiper Paiz) 7:30 – 8:00 a.m.

Suchitoto: (City Center) 7:00 a.m.

Tamanique: 8:35 a.m.

Tonacatepeque: 8:40 a.m.

Victoria: 7:30 – 8:00 a.m.

· We witnessed a strong citizen participation in the voting, especially in the areas of Cuscatlán, where the voting was moved closer to the voters in the pilot project for residential voting. For example, in Copapayo, Suchitoto, at noon approximately 70% of registered voters had already voted.

· We did not observe violent incidents nor alterations of the process and there was great civic participation during the entire day.

· Closing of the voting center at 10 A.M: in San Isidro, Cabañas: The parties FMLN, CD, PCN, PDC declared fraud when a bus of people from the municipality of Ilobasco, which transferred their votes to influence the local election in San Isidro, although they did not live there. At about 3:45 in the afternoon, the TSE declared the election invalid.

· Transportation in San Salvador: Adequate transportation by the TSE was not observed. To get to the voting centers Juan José Cañas and Humberto Romero Alberque in San Jacinto, San Salvador one had to get through a 3 mile traffic jam voters who were going in their vehicles had to wait an hour or more to get to the voting center. There was a line of hundreds of people waiting outside Juan José Cañas School. Once again, the urgency to implement a program of residential voting was demonstrated.

· Violation of the right to a secret vote: In almost all of the voting centers, the location of the voting booth and its design were reported not to permit the constitutional right to a secret vote. In San Pedro Perulapán (city center) the vigilantes of different parties were observing the voters as they voted. In the Feria Internacional in San Salvador the voting booths were too close to the tables; the same was reported in Tonacatepeque, San Rafael Cedros, Santa Ana y Soyapango. In Jiquilisco the vigilantes of the PDC did not have party identification and were right next to the voting booth, watching the voting. The secret vote was respected in Victoria, Cabañas and Santa Tecla. .

· Orientation and voting inducement: In Suchitoto, vigilantes of ARENA were orienting persons inside the voting center. In Soyapango and Victoria, youthful supporters of the FMLN were orienting the voting inside the voting center. In San Rafael Cedros, The suplente to a Deputy was orienting voters inside the voting center. In the vicinity of the Feria Ganadera en Santa Ana there was an orientation center and inducement to vote of ARENA. The Departmental election board (JED) submitted letters on this issue. In Sensuntepeque, ARENA had an orientation center two blocks from the voting center where they were passing out food.

· Propaganda: The FMLN handed out lunches in boxes with the party banner in the city center of Cojutepeque (city center). The PCN and ARENA used bags with their party banners to hand out food in Antiguo Cuscatlán. The FMLN was distributing propaganda in Soyapango. In Cojutepeque, ARENA was distributing dirty propaganda against the FMLN. ARENA distributed propaganda in Ilobasco. In Jiquilisco, ARENA distributed bags of water with the banner of the party and had several vigilantes wearing cowboy hats with the slogan of “Avila, President”.

· Illegal transfer of voters: Guacotecti – two buses and two trucks delivered people to vote there who did not live there. In San Isidro a bus brought people who did not live in the community, which caused the voting center to be closed at 10 a.m. In San Pedro Perulapán, where there was a residential vote, different voters said they were not from there, but did not know the canton where they could vote. In Cinquera, 4 people tried to vote who were not from Cinquera. Furthermore, a logistics person was observed voting in Cinquera, despite not appearing on the electoral pardon (register) and not handing over his DUI. In Sensuntepeque when voters were asked where they were from, some revealed that they were not from there.

· Voto Residencial: In San Pedro Perulapán and Suchitoto, more than half of the population voted. In Copapayo, Suchitoto, by mid-day approximately 70% of voters had voted. There was confusion about where to vote in Cojutepeque and San Pedro Perulapán.

· Handing over DUI’s after the voting, by the authorities at the table: Only in San Pedro Perulapán was it reported that the DUI’s were left at the table or in the bag of the Secretary and not deposited in the voting box as is indicated by law. In Jiquilisco, two members of the Municipal Electoral Board voted at the first table of the center at 9:14, after the general voting had started. At the same table, the DUI’s were saved in a bag by the President and not in the voting box. The majority of the table authorities and center authorities acted with respect of the law:

· Accessibility: Almost everyone reported difficulties for disabled people as they exercised their right to vote, and some of the voting centers were not equipped for wheelchairs. In San Pedro Perulapán (city center) an older person fell because he was not able to climb the steps. There were difficulties with accessibility in Tonacatepeque, Victoria, Santa Ana (INSA), and in Antiguo Cuscatlán there was a JRV on the second floor. There was accessibility in these centers: San Rafael Cedros (city center); Ilobasco.

· Indelible ink: In Tonacatepeque the table personnel were not allowing the degreaser to dry before using the ink and later people were removing the ink with toilet paper. There was variability in the correct use of the indelible ink.

· Military presence or the incorrect use of weapons: The El Zapote Brigade in San Salvador was out of its barracks in San Jacinto. An armed PNC agent voted in Soyapango. .

· In general, there was confusion about the processes of installation and closing and counting. Also, there was confusion about the filling out of the Actas, and some tables did not write well enough on the Actas to leave legible copies on the multiple carbon copy forms.

· Miscellaneous worth noting: A bus of 46 Nicaraguans from the Union of Latin American Parties was detained in Jiquilisco at 9 P.M. on Saturday the 17^th of January. According to them, they were observers invited by the ARENA party. Nevertheless they did not have credentials and they had received no orientation or training.

We congratulate the Salvadoran people and the Supreme Electoral Tribunal for facilitating this important civic event. As the Eighth International Election Observer Mission of CIS, we reiterate our call to implement electoral reforms that strengthen transparency, citizen participation, and direct representation, including:

1. Implementing a program of residential voting in the entire country

2. Creation of a Law of Political Parties for the monitoring of the accounts of the Parties and an

examination of the sources of campaign financing and the use of the funds.

3. Pluralistic representation in Municipal Councils

4. Direct geographic representation of citizens for the election of deputies to the General Assembly

5. Direct representational voting for representatives to The Central American Parliament (PARLACEN)

6. Regulation of propaganda, pre-electoral period campaigns and dirty propaganda

7. Increase the size of voting centers and design a new voting booth with a curtain or four sides to

guarantee a secret vote

8. Create a mechanism so that people working at voting tables and party poll watchers away from their

municipality can vote in an “absentee” ballot so that they can vote in their own municipality and

department. This will remove the ability to transfer votes from one municipality to another.

Contactos: CIS: 2235-1330, 2226-5362

Leslie Schuld, directora del CIS: 7787-5407

Delmy Valencia: Coordinadora de la Misión:

Election Day

2009-01-23T18:32:00.000-08:00

I was among a group of more than 80 people from various countries, some as far away as Australia, who observed the Municipal and Legislative Assembly elections on Sunday, January 18 through the Center for Interchange and Solidarity (CIS). Other international observers working through other organizations including a coalition of US-El Salvador Sister Cities and Committee in Solidarity with the People of El Salvador and the European Union and the Organization of American States, also participated. This election and the Presidential election in March will be the most highly observed elections in Salvadoran history.

I and 5 others were assigned the voting centers in Cojutapeque in Cuscatlan, a municipality northeast of San Salvador. The majority of Salvadorans do not vote in a location near their homes. Each person is assigned a voting center based on the first letter of their last name. Married women are assigned according to their maiden names so husbands and wives must travel to different centers. This is a real hardship for those without automobiles. In Cuscatlan, however, there is a pilot residential voting program. This worked very well so the hope is that the government will extend this practice to all voters.

In El Salvador voters do not vote for candidates; they vote for a party. There were 6 political parties represented on the ballots. The insignia of each party appears on the ballot and voters indicate their choice by marking an X across the party of their choice.

Most voting centers are in schools which are built in the Spanish style with the classrooms opening onto a courtyard. Voting tables, booths and ballot boxes are crowed together on the sidewalks in front of each classroom offering little privacy. Representatives from each party sit at a table and compare names with ID’s and distribute ballots in the same way election judges do in the U.S. Since there were two items to be voted on, the Legislative Assembly ballot was one color and the Mayor ballot another. After voting, the ballots were placed in the ballot box of the corresponding color.

After the polls close, the election officials open the ballot boxes one at a time, hold up each ballot for others to see and give the ballot to the member of the party indicated on the ballot. Then each party member counts the ballots for his/her party. At the table where I was observing the count was carefully double checked by other officials. However, I was told that other tables were not so diligent.

The process throughout the country was very peaceful. This is a positive change over past years. Members of the various parties joked around with each other and most disputes were settled peacefully. However, there were a number of examples of fraud and improper campaigning at the voting site.

A Tale of Two Mayors

2009-01-17T11:42:00.000-08:00

Wednesday, January 14, 2009

Election observers today had a choice of a number of field trips to various locales. I chose to visit two very different municipalities where we met with the mayor of each one. Our first visit was with Milagro Navas, the ARENA mayor of Antiguo Cuscatlan. ARENA is the far right political party which is in control of the central government at this time. However, Mayor Navas has overseen the development of a model community. She is fortunate that there is much wealth here, and she has chosen to invest in the community rather than pocket the wealth for her own benefit. Three embassies are located in the community, there are a large number of industries, unemployment is the lowest in the country and they have good schools. In order for a new business to locate here, they must agree that 50% of their employees come from this municipality. She claims that her municipality has the best water in the country and that they take care of trees and the land.

When asked how she came to have such power as a woman in a macho society, she said that she has to be a woman of strength as she works only with men. She said she was selected as the best mayor in the entire country, is Treasurer of the mayors association in El Salvador and is General Secretary of the organization of mayors of Central America.

As with most Salvadorans, her experience during the Civil War from 1980-1992 has influenced her political beliefs. Her family were large land owners in the area of Suchitoto at the beginning of the war. Part of their land was taken by the guerrilla forces, and they were forced to leave the area. She is opposed to the teaching of Oscar Romero and believes the church and priests should have nothing to do with politics.

The municipality of Suchitoto offers a distinct contrast to that of Antiguo Cuscatlan. We met with Mayor Javier Martinez of the leftist FMLN (Faribundo Marti Liberacion Nacional) political party. Mayor Martinez has also developed a model community but with far fewer resources to work with than Mayor Nivas. Its economy is primarily based on agriculture though tourism is growing here. Several women's cooperatives have been established in recent years. These cooperatives create embroidered textiles or candies and jellies made from native fruits. Others have revived the ancient art of dying cloth with indigo or making candles, shampoo and natural soaps. The municipality receives only 2% of its budget from the Salvadoran government. The rest comes from the international community from countries such as Spain.

Because Suchitoto was a main area of conflict during the civil war, many people left at that time and social structures such as schools, homes and roads were destroyed. Repopulation of the area began in 1989, and the first development plan was made in 1995. At first only 10% of families had electricity and 13% had potable water. Now 94% have electricity and 93% have water.

The municipality has a recycling program and sewage treatment. I was somewhat surprised that they have a 2030 Plan. Included in this plan for the future is putting pressure on the government of San Salvador and surrounding communities to clean up the river that flows into Lake Suchitlan, a beautiful but highly polluted lake near the city of Suchitoto.

La Iglesia Bautista El Cordero de Dios

2009-01-11T12:29:00.000-08:00

It was good to attend church this morning and reconnect with old friends. As I mentioned last year, this Baptist church is nothing like most of the Baptist churches in the United States. Today's sermon was about baptism. Tito, the pastor, said that baptism is only a symbol and that there are many symbols in the Bible. It is not enough to be baptized, take communion or participate in other rituals of the church. We must also serve and work for justice. He pointed out that there are 20 killings in San Salvador every week, poverty is great and prostitution and violence are rampant. He asked, "Where is the church? What is it doing to address these problems?" Those are questions we in churches in the US should also consider.

Celebrating the New Year in El Salvador

2009-01-11T12:05:00.000-08:00

The man from whom I'm renting a room this year not only has a microwave and a washing machine and clothes dryer, but also owns a beautiful home on the beach. He invited Leslie, the Director of the CIS (the organization which sponsors election observations and has the Spanish and English Schools), 2 other election observers and me to spend New Year's Eve and Day at his beach home. So while most of you were covered with snow and shivering from the cold, we were sunning ourselves and enjoying the ocean breeze.
I've included a few photos in this post. Marvin, the only man in the group, is a gourmet cook and thus was delighted to prepare all our meals. He arranged our plates so that the food both tasted and looked great.

A Visit to Co-Madres

2008-03-09T16:43:00.000-07:00

Co-Madres is an organization formed in 1978 to help mothers locate their children and other family members who were disappeared before and during the war, which began at the end of 1979 and ended in 1992 with the signing of the Peace Accords. It was Oscar Romero, archbishop of San Salvador, who advised and encouraged the women to form a committee to look for the disappeared. At first they met in churches because at that time meetings were not allowed.

We met with Alicia, the sole surviving founder of Co-Madres. Alicia's 12 year old son and 2 of her brothers were disappeared in 1978. Her youngest son was killed in 1993-after the Peace Accords were signed-because he was documenting cases of the disappeared.

Co-Madres began by looking for clandestine cemeteries and digging up bodies and sending them to forensic labs for identification. However, that task was made difficult and sometimes impossible because of the condition of the bodies. Men with women's heads in their bellies and vice-versa were found. In some cases they found bones that were really white and others with some flesh still on the bones. It was evident that many people who were found hanging from bridges were actually killed elsewhere and hung from the bridge to make it appear as though they had committed suicide.

In 1983 the mothers began to wear black dresses and white scarves as they marched to demand that the government take responsibility for and stop the deaths and disappearances. Because of this and their continuing documentation of abuses, the women were arrested and tortured.

When Alicia began describing how someone was tortured, I thought she was talking about torture in general. She wasn't. She was telling what had actually happened to her. Though I've heard many stories like hers, I'm always amazed at how the tortured survive and are able to have optimism.

Alicia was tortured for 2 days. She was blindfolded during the entire interrogation. She heard the noises of several machines which sounded like bones were being cut and ground. "You're next," was what she was told. A plastic bag with lime in it was put over her head, and when she gasped for air the bag was removed and the process began again. She said she tried to pray the Lord's Prayer but couldn't. For hours she was placed on a bed with no mattress but with electrified metal coils. Her body was wrapped with an electrified metal chain. She was put in a pila with electrified water which caused her to bounce from wall to wall. She was deprived of sleep. The day she was released she was pushed from a moving car-naked and still blindfolded-onto the pavement. Fortunately she was found by some kind men who helped her get home in a taxi. Alicia said she has never lost faith and hope.

Although 80,000 people have been killed and 86,000 disappeared, no one has been punished for these crimes. El Salvador passed an amnesty law which gave impunity to the guilty. Co-Madres asked the Supreme Court to abolish the amnesty law, but it hasn't taken any action. This year the mothers will have a chance to present their case formally to the Court.

After 25 years of pressure the U.N. finally passed a convention to protect people from abduction. Thus far, 75 countries have signed the convention; El Salvador has not.

The Memorial to Truth is a wall in Cuscatlan Park in the center of San Salvador filled with the names of those killed or disappeared beginning in 1979. There are also blank plaques on which more names are added as they are identified. On March 15 at 2:00 p.m. new plaques will be unveiled by the committee.

Prosecution Appeals Definitive Liberty of Suchitoto 13

2008-03-07T11:27:00.000-08:00

The following report comes from U.S.-El Salvador Sister Cities.

Prosecution Appeals Definitive Liberty of Suchitoto 13; Seeks to Resume Trial for Public Disorder and Aggravated Damages

March 6, 2008

The Prosecuting Attorney's have appealed the decision by a court in Suchitoto to grant definitive liberty to the 13 people captured on the 2nd of July 2007 in Suchitoto. Last Tuesday February 27th the Prosecution presented an appeal to the Suchitoto Court system, asking to re-open the trial for public disorder and aggravated damages against the Suchitoto 13. The Suchitoto 13 were cleared of all charges in a Suchitoto court on February 19th, in a decision that Salvadoran Human Rights Ombudsman Oscar Luna classified as "based on justice and ruled by principles of legality."

The seven page appeal document presented by the Prosecuting Attorneys argues that Suchitoto Judge José Mauricio Henriquez who oversaw the case misinterpreted the Penal Processing Law, and did not follow procedures established by that law when the Prosecution failed to arrive to the courthouse on time for the preliminary hearing of February 19th, 2008. According to the Prosecution, the hearing should have been rescheduled for a later date.

In addition, the appeal questions the observations made in a written resolution of February 26th by Judge Henriquez, and later reiterated by Ombudsman Luna, that the Prosecution did not act responsibly and thoroughly during the investigation of the Suchitoto 13 case. In his decision, Judge Henriquez detailed shortcomings in the investigation ranging from the Police's failure to preserve the scene of the alleged crime, inconsistent interview procedures of witnesses by the Prosecution, and the Prosecutions´ failure to present the proper documents to the court on time.

The Prosecutions´ appeal goes on to claim that the Suchitoto Judge violated the rights of the alleged victims of public disorder and aggravated damages by refusing to orally hear the Prosecutions´ case on the day of the preliminarily hearing. The Prosecution also alleges "subjectivity, partiality, lack of critical analysis, and lack of sane application of criteria" by the Judge, citing the 19 page document Judge Henriquez issued last week.

Yesterday, the Defense Lawyers for the Suchitoto 13 presented their own arguments in defense of the decision of the Suchitoto Court. The defense cited the resolutions´ respect for the rule of law and due process, its objectivity, impartiality, and the application of the right to be presumed innocent until proven otherwise.

In addition, the Defense Lawyers dispute the Prosecution's right to appeal due to their claim that the Prosecution never presented charges, written or spoken, to the Court Suchitoto. Citing the arguments made by Judge Henriquez, the Defense claims that the appeal is invalid, because there were never any charges filed to merit an appeal. The Prosecution maintains that documents that they presented to the Special Tribunal for acts of terrorism in San Salvador should be applicable in the ordinary penal courts as well.

The Prosecutions´ appeal will be reviewed by two Judges in Cojutepeque, who must come to an agreement within 10 weekdays about whether or not to reopen the case. If they decide in favor of the decision by the Justice of the Peace in Suchitoto, the case will be closed. If they decide to approve the Prosecutions appeal, the case will be reopened, and a preliminary trial will again be held, this time in the second appeals court of Suchitoto. If the two Judges cannot reach consent, a third Judge will be asked intervene in the decision.

-- US-El Salvador Sister CitiesP.O. Box 2543Plattsburgh, NY 12901(800) 532-1993, ext.103http://us.f814.mail.yahoo.com/ym/Compose?To=sistercities@gmail.com http://www.elsalvadorsolidarity.org/

Fair Trade Delegation

2008-03-02T18:18:00.000-08:00

For the past week I have been part of a U.S.-El Salvador Sister Cities Fair Trade delegation. We visited our sister communities as well as the coffee processing plant for coffee grown in the department of Chaletenango and met with the leaders of CORDES (Association for the Cooperation and Communal Development of El Salvador).

Others taking part in the delegation were Karen Volkhausen of Bangor, Maine/Carasque; Joan Laurion of Madison, Wisconsin/Arcatao; and Libby Pappalardo of Crystal Lake, Illinois/Chilama. Although Meredith DeFrancesco, of Maine radio station WERU, wasn't an official part of this delegation, we did meet with the staff of Radio Sumpul which is sistered with WERU. The main goals of this delegation were to learn what the various cooperatives in our sister communities are doing and ways in which we might help them market their products.

In Carasque and in Arcatao we met with the community councils and representatives of various cooperatives in those communities. Most of the cooperatives make items for sale in the U.S., Spain, and other countries as well as in El Salvador. The cooperatives are formed around a particular interest or art form such as sewing and embroidery, crochet, jewelry, wood crafts and music. Both men and women are members of these coops.

One women's cooperative in Carasque is especially interesting. With the assistance of Oxfam, the women began a savings and loan group. Each person in the group of 12-20 saves $2.00 per month. This may seem like a small amount, but when you consider that the average wage in El Salvador is $150 per month and many earn much less, it is a considerable amount. The group meets monthly, and anyone who is late for a meeting must pay a fine. The group not only saves money; they also grant loans with 1% interest. The idea for this came from a desire to own a business but lacking money to start. The community decided it would be better to form their own bank than to go outside the community.

Chilama has been part of Sister Cities for a much shorter time than Carasque and Arcatao. As a result, they lack the infrasturcture of those two communities. However, they have cooperated in a seed/road building project. After receiving $2,000 to purchase seeds from their Sister City, Friends of Chilama, in McHenry County, Illinois, the community decided to give money for seeds and fertilizer to those who worked on building a road from the top of the mountain to their community by the river. Those who were unable to work on the road because of age or ill-health would be given a portion of the crop. The crops were planted and harvested, the road is almost completed, and everyone has beans and corn to eat this year.

Both Carasque and Arcatao have received considerable financial aid from the governments of Spain and Canada. Wouldn't it be wonderful if the United States funded development projects in these and other very rural communities rather than a highway across northern El Salvador which benefits only the maquillas, which treat their employees as slaves, and the mining companies, which destroy the environment?

Victory for the Suchitoto 13

2008-02-20T14:54:00.000-08:00

The following good news is an announcement from U.S.-El Salvador Sister Cities. This is proof that you and I can make a difference. There was intense international pressure on the government of El Salvador regarding this case, especially from the United States Congress and the Netherlands.

This February 19th at an Initial Hearing scheduled in Suchitoto under the new accusations of “Public Disorder” and “Aggravated Damages,” the Judge dropped all charges and set the 14 defendants free!

Preliminary reports describe that the Attorney General's office neglected to present official accusations and sufficient evidence, and district attorneys were not present at the hearing on time. The Judge then decided to waive the charges, and decree “definitive liberty” for the defendants.

This hearing was scheduled after Special Tribunal Judge Ana Lucila Fuentes de Paz recused herself of February 11th and declared the Special Tribunal incompetent to hear the case, as the Building was surrounded by hundreds of community members who had marched over the previous 3 days from the city of Suchitoto . (More information, photos and video of the march here.) Judge Fuentes de Paz’s resolution sent the case back to the conventional court system in Suchitoto, and the local Judge scheduled the initial hearing.

Sister Cities member, Meredith DeFrancesco, was inside the courthouse this morning as an accredited journalist. She describes the scene at the courthouse:

“The building was surrounded with people from the communities holding candles and photos of the 14 defendants. There was a dark and tense moment inside the courthouse as the Judge called each one of the defendants by name, and they each stood awaiting the resolution. When the Judge said that all charges were being dropped, the tense moment collapsed and the whole room spontaneously erupted. Another large group of people from organizations and rural communities was gathered in the park in Suchitoto, celebrating the verdict.”

This is a major victory for the Suchitoto 13, for the CRIPDES communities and national organization, for the Salvadoran social movement, and international solidarity. Rosa Valle, Vice-President of CRIPDES told us that “this is proof that our organizing work gets results and has great power. The Government responded to our organizing with repression, and now they must recognize their mistake, as they see communities and leaders around the world uniting their voices with the strength of the Salvadoran people to call for justice, dignity, and our own human rights.”

Iglesia Bautista--El Cordero de Dios

2008-02-20T14:19:00.000-08:00

I have started going to a Baptist church here, El Cordero de Dios (The Lamb of God) which is Baptist in name only--it is a very progressive church. The pastor's sermons are about the church being a force for change--for justice and peace.

I spent most of Saturday with 4 members of the church at one of their mission sites, an extremely poor community north of San Salvador. When we were discussing how our respective churches were alike or different, they decided they are really Presbyterians though there is no actual Presbyterian presence in El Salvador. They asked if it would be possible for some of our members--youth and adults--to sister with them. I hope this is something the Ridgefield-Crystal Lake Presbyterian Church can explore.

They are a small church of about 50 members. Many of the members came from the department of Morozan and communities like El Mozote where the massacre occurred in 1981. A number of them have been imprisoned for organizing and protesting the government.

They have a ministry with the children of the community we visited on Saturday and have built 10 homes there. This is to replace homes that were destroyed by the earthquake a few years ago. They dream of building 15 more homes and a church, though everyone in the community is Catholic. The Catholic Church isn't happy about their ministry there. They also dream of buying a micro-bus so that they can spend more time in the community and bring the children to San Salvador for field trips to museums, etc. To get there, it took us about 2 hours one way, and we had to take 3 different buses.

Music seems to be important part of the life of the church. They have begun offering keyboard lessons to the children in the church's neighborhood in San Salvador. Someone donated 4 clavinolas for that purpose. When they found out that I had been a piano teacher, they asked me to observe the class and possibly give the instructor some suggestions. When a delegation from the U.S. recently donated a clarinet to the church, there was much excitement and discussion about who would learn to play it.

One of the church members invited me to attend a lunch last Sunday. This was a fund-raiser for the community she originally came from. Evidently the communty has no electricity so the money raised will be used for that.

Both events were great opportunities to practice Spanish. At the lunch I decided I had to put aside my usual reluctance to approach new people. So I went up to as many people as possible, introduced myself, told them I am studying Spanish, and asked if they would be willing to talk with me. All were extremely receptive and got many laughs at my clumsy Spanish pronunciation.

I'm looking forward to attending many more services at El Cordero de Dios. It is great to have a church home away from home.

March from Suchitoto

2008-02-13T12:12:00.000-08:00

The following report was prepared by Emily Carpenter, the U.S. staff person for U.S.-El Salvador Sister Cities, and Meredith Di Francesco, a reporter for radio station WERU in Maine. Both attended this march.

February 13
Twice as many people as organizers expected - an estimated 700 - left the town of Suchitoto Monday morning carrying photos of those who have come to be known as the "Suchitoto 13" and posters reading ''Liberty for the Political Prisoners of Suchitoto''. Organized by the Association of Rural Communities for the Development of El Salvador (CRIPDES), the Foundation for Cooperation and Community Development of El Salvador (CORDES), the Popular Resistance Movement 12th of October (MPR-12), and others, the march travelled 25 kilometers (16 miles) in its first day to arrive for an evening of music, theater, and vigil in the town of Perulapía, Cuscatlán.
Yesterday, Tuesday, the march travelled from Perulapía to Soyapango, an urban municipality in the east of San Salvador. Today the group joins a mass mobilization to arrive at the Special Tribunal building in San Salvador, where they will support the Suchitoto 13's defense lawyers as they present their rebuttal to the accusations of the Attorney General.

(For more legal details of the case, see the February 11 case update.)
Click here to visit the photo gallery of the march. More photos, and video, will be added soon, so visit often. --
US-El Salvador Sister Cities
P.O. Box 2543Plattsburgh, NY 12901
(800) 532-1993, ext.103
sistercities@gmail.com
http://www.elsalvadorsolidarity.org/

Suchitoto 13 Update

2008-02-13T12:09:00.000-08:00

This update is from U.S.-El Salvador Sister Cities. It is good news that the charges of terrorism against the Suchitoto 13 have been changed to lesser charges, but we must continue to be vigilant and work to have all charges against them dropped. They are not criminals and committed no criminal acts. They were only using their constitutionally-guaranteed right to protest actions of their government.

Suchitoto 13 Update:
Monday, February 11th

Prosecution Reduces Charges, Continues to Allege Criminality; New Challenges Lie Ahead

Introduction:
The case of the Suchitoto 13 has reached a critical turning point, as a formal and definitive accusations were submitted by the Attorney General’s office on February 8th, 2008, more than 7 months after the initial arrest and detention. The document submitted to Special Tribunal Judge Ana Lucila Fuentes de Paz deviates from original accusations, and changes the classification of the crime, presenting charges of “Creating a Public Disorder,” as well as “Aggravated Damages.” This is a reduction in scope and severity of the charges presented against the Suchitoto 13, but remains a blatant criminalization of the constitutionally guaranteed rights to free expression and association.

Legal Update:
The accusatory document presented by the Attorney General’s office details an “official” narration of the events of July 2nd, 2007, as well as testimony and evidence which very closely reflects the original document submitted some 7 months ago. The prosecution maintains that a group of protesters blocked off the road and then responded violently to police. The official narration of the events differs drastically from scores of eyewitness reports, as well as a news reports and video, presented as evidence by the Attorney General’s office, (you can see a clip here.) The prosecution also presents testimony of several witnesses, both from public officials that manifest that they could not get to the official government event being held in Suchitoto, as well as from members of the Riot Police (UMO) and the police officers that arrested the Suchitoto 13.

The document presented by the Attorney General’s office goes on to conclude that the actions of the defendants of July 2nd, 2007 correspond to the crime of “Public Disorder”, as expressed in Article 348 of the Salvadoran Penal Code, and not “Acts of Terrorism”, as they were originally qualified. Article 348 reads: “Those who, acting in a group and to the end of attacking the peace and public order, block public ways or access routes or invade installations and buildings, will be punished with two to four years in prison.”

The document also cites $1,850 worth of damages to state property, including one bullhorn, a gas mask, a riot-police shield and helmet, and damage to 2 state-owned vehicles. Alleging that these objects were damaged “by protesters with rocks, sticks and closed fists,” the prosecution also accuses the Suchitoto 13 of the crime of “Aggravated Damages.”

Legal Analysis:
A few important legal elements and observations from lawyers and experts close to the case that can help to interpret the latest developments:

- The change in the classification of the crime from “Acts of Terrorism” to “Public Disorder” should render the Special Tribunal, and specifically Judge Ana Lucila Fuentes de Paz, incompetent to continue ruling on the case. If the judge were to declare incompetence, either in an official resolution due this week, or at a later preliminary hearing when the defense team gets the chance to present its own evidence and testimony, then the case would be sent back to the conventional court system, in this case in Suchitoto.

- The latest document submitted by the Attorney General’s office is very similar to the original document, save the changes in the classification of the crime. It seems clear that over the last 7 months, (including the 4 month extension requested by the Attorney General’s office,) the prosecution has been unable to build a case. There are no new elements of proof submitted, and no stated reasoning even behind why the accusations were changed.

- The Suchitoto 13 are charged under the existing Penal Code on July 2nd, 2007. This means that they cannot be charged under the reforms that raised the jail time for “Public Disorder” to 4-8 years. Rather, they face a 2-4 year sentence if convicted.

Reactions:
The Suchitoto 13 Legal Defense team declared that they were “deeply disappointed by the accusations submitted by the Attorney General’s office.” A spokesperson from the team commented that “There is a grave danger in classifying the legally guaranteed exercise of free expression and protest as a crime. The justice system apparatus clearly made a mistake with the initial arrest and detention of 14 people on July 2nd who had committed no crime. We would have hoped that the Attorney General’s office would recognize the error and drop the charges. But on the contrary, the current accusations endanger not just the freedom of the people arrested in Suchitoto, but also the constitutional rights of the Salvadoran people to freely gather and express their opinions.”

The Committee of Family Members of Political Prisoners in El Salvador, in a recent press release stated that: “The Attorney General wants it to appear as if the [new accusations] are in accordance with the law, hiding his intentions to continue the violations of human, social and civil rights…. Our family members have committed no crimes and they should never have been arrested, much less tried, tortured, jailed and violated in their most fundamental rights. The Attorney General, if he really wants to rectify the situation and show respect for law, should solicit immediate and definitive freedom for our family members.”

STAY TUNED FOR MORE at http://www.elsalvadorsolidarity.org/

El Mozote and Perquín

2008-02-09T11:36:00.000-08:00

We had the opportunity this past weekend to appreciate the beauty of El Salvador while learning more about the atrocities of the war. Sixteen of us boarded a hired bus at 6:00 a.m. on Saturday and set out for Morazan, El Salvador’s most northeastern department. This mountainous part of the country was the site of the El Mozote massacre in 1981 in which all but one survivor were brutally slaughtered, and a museum about the civil war of 1980-1992 is housed in Perquín.

This was my second trip to these sites, but I am still angered when I see photographs of U.S. military alongside the Salvadoran military and remember the huge amount of military aid our government gave to the Salvadoran government during the war.

In El Mazote we were met by Gumercindo Claros, a member of the tourist committee which is dedicated to keep the memory of the tragedy alive and a descendent of the indigenous people of El Salvador. He related the following story to us.

In the early hours of the morning on the 11th of December, 1981, the people of El Mazote, a village in the northern part of Morazan, were brought together in the plaza and separated into groups. Men and adolescent boys were in one group and women and younger children in the other. The executions began with the men and boys. Then they separated the youngest of the women from the rest and raped, tortured and executed them. That night the children and babies (the youngest was 3 days old) that were in the village chapel were killed by the soldiers and their bodies thrown into the convent next to the chapel. The convent was then set on fire. Later a second battalion arrived and killed all the animals and burned the crops. This was the “scorched earth” practice used by the U.S. in Vietnam.

The commander in charge of the battalion which committed these atrocities was Lieutenant Colonel Domingo Monterrosa, who received his training at the School of the Americas (now known as the Western Hemisphere Institute for Security Concerns) located at Fort Benning, Georgia. Monterrosa must have been an extremely sick man to order the torture and killing of so many. The story is that Monterrosa demonstrated and then ordered the soldiers to throw the babies into the air and then pierce the bodies with their swords.

After this tragedy, the United States sent an investigator to check out the veracity of the story. And who accompanied this investigator while he was in El Salvador? Monterrosa! This combined with the Reagan’s intentional cover-up led the U.S. to do nothing about the incident at that time.

Unfortunately, the event at El Mozote was not an isolated event. Many massacres of rural families took place in other departments such as Chalatenango, San Vicente, and Cabañas between 1980 and 1984, the year Monterrosa was killed.

After the Peace Accords were signed, the legal office of the Archbishop asked a team of Argentinean forensic biologists to investigate. This team, assisted by experts from the U.S., concluded that it was a massive execution done all at once, and that the victims did not die in a cross-fire between the two armies. To date, a list of more than 800 people who could be identified, including 420 children, has been compiled. Those names are engraved on plaques on the side of the chapel.

This trip did include some diversions such as swimming in the Rio Sapo, hiking up a mountainside near Perquin, and taking photos of the mountainous terrain. The Rio Sapo, fed by mountain streams, has many boulders and smaller rocks which have formed pools ideal for swimming. Because it is so high, the river has not been polluted by animals and industry.

Summary Report and Full Report of the Human Rights Investigation Team

2008-02-09T10:54:00.000-08:00

Recently, I was fortunate to be able to participate in a Human Rights Investigation Team. A summary report and the full report are included in this post. A hearing for the 13 arrested while merely participating in or in route to a peaceful protest of the decentralization of water on July 2 was held on Friday, February 8. A report of the results of the hearing will come later.

INDEPENDENT HUMAN RIGHTS INVESTIGATION TEAM
EL SALVADOR, JANUARY 19-27, 2008
REPORT SUMMARY

We are an independent human rights investigation team comprised of ten persons from the United States with backgrounds in business, healthcare, law, international tourism, media communications and education. Many of us reside in districts in the U.S. whose Congressional Representatives have a high interest in recent events in El Salvador. These include Rep. Capuano, who sponsored a letter to President Saca signed by 42 congressional colleagues. We came to El Salvador this week concerned about the arrest and initial imprisonment of those who by now are identified by human rights reports as the Suchitoto 13, about the continuing charges of terrorism against them, and the prospect of their prosecution under statutes of decree # 108, the Special Law Against Acts of Terrorism. This is a summary of our report.

I. ACTIVITIES

We met with leaders of social movement and human rights groups, and with many individuals who were eyewitnesses to the events in Suchitoto on July 2. We also met with numerous public officials, including the President of the Supreme Court Dr, Augustín García Calderón; Ombudsman for Human Rights, Lic. Oscar Luna; Mr. John Speaks, the Foreign Affairs Officer charged with human rights oversight at the US Embassy, and Vice Minister for Foreign Relations Eduardo Calix, delegated by President Saca to meet with us.

We were greeted and welcomed warmly and hospitably by all of the many individuals and groups with whom we met. We have read many of the primary documents in this case, including those from Amnesty International, the Ombudsman for Human Rights, Reporters Without Borders, the Human Rights Office of the Archbishop, and others.

We wish to note that it is not only the United States that is interested in this case, but the larger international community as well. Many international NGO’s and governments have expressed their concern to the Salvadoran government. We learned that the European Union is interested in sending observers on the day of the preliminary hearing for the Suchitoto 13, with special interest in how the hearing develops and its results.

CONCLUSIONS
While there are differing versions of the events that transpired in the area in and around Suchitoto on July 2, we find ourselves concurring with the opinions of Amnesty International, the Office of the Ombudsman for Human Rights, and others, that there was nothing about the acts of the defendants nor of the population of the area that constitutes terrorist activity.
A decision by the judge at the preliminary hearing in February, that the Special Tribunals are competent to hear this case and that terrorism trials should proceed would be a momentous turning point for the country and could have the following consequences:
Dangerously erode the creation of a legally protected space to protect legitimate political expression, one of the greatest legacies of the 1992 peace accords. We are concerned that this could lead to increased social instability, re-institutionalization of human rights violations, and an erosion of the Salvadoran Constitution.
Signal a validation of the anti-terrorism law, which is vague and ambiguous. We know that the constitutionality of the anti-terrorism law has been challenged, and were assured by numerous officials that the law is under intense review.
In addition, the possibilities we have mentioned could have the following repercussions:
a. The loss of access to Millenium Challenge Account Funds. The disbursement of approximately 461 million dollars in development aid from the U.S. are predicated on compliance with benchmarks of human rights and civil liberties, among others. High-profile violations in these areas may cause the U.S. Congress to re-evaluate its decision to continue giving these funds to El Salvador.

b. The loss of business investment: The specter of social instability precipitated by terrorism trials could well be a negative signal to businesses and investors who look for a truly long term stable business environment.

c. Damage to tourism: As in the above situation, trials based on terrorism accusations could jeopardize the efforts of the Minister of Tourism to brand El Salvador as an attractive tourist destination.

FINAL RECOMMENDATION

In the coming weeks, the eyes of the international community as well as those of the United States are focused on these unfolding events in El Salvador. It is our hope that
the government will set an important democratic precedent through the application of justice, and dismiss this case against the thirteen accused individuals because it is clear that they are not terrorists.

INDEPENDENT HUMAN RIGHTS INVESTIGATION TEAM
SAN SALVADOR: JANUARY 19-27, 2008
REPORT

We are a delegation comprised of ten persons from the United States with backgrounds in business, healthcare, law, international tourism, media communications and education. Many of us reside in districts in the U.S. whose Congressional Representatives have a high interest in recent events in El Salvador. These include Rep. Capuano, who sponsored a letter to President Saca signed by 42 colleagues. We came this week to El Salvador concerned about the arrest and initial imprisonment of those who by now are identified in human rights reports as the Suchitoto 13, the continuing charges of terrorism against them, and the prospect of their prosecution under Legislative Decree # 108, the Special Law Against Acts of Terrorism. We herein offer our observations and findings.

I. ACTIVITIES

We met with leaders of the Social Movements, many individuals who were eyewitnesses to the events in Suchitoto on July 2, and numerous public officials, including the President of the Supreme Court Augustin Calderon, Ombudsman for Human Rights Oscar Luna, John Speaks, the Foreign Affairs Officer charged with human rights oversight at the US Embassy, and Vice Minister for Foreign Relations Eduardo Calix.

We were greeted and welcomed warmly and hospitably by all of the many individuals and groups with whom we met. We have read the primary documents in this case, including those from Amnesty International, Ombudsman for Human Rights, Reporters Without Borders, the Human Rights Office of the Archbishop, and others.

We wish to note that it is not only the United States that is interested in this case, but the larger international community as well. Many international NGO’s and governments have expressed their concern to the Salvadoran government. We learned that the European Union is interested in sending observers on the day of the hearing for the Suchitoto 13, with special interest in how the hearing develops and its results.

II. BACKGROUND

In order to learn as much as possible about the background and details of the current situation, we sought and were granted meetings with a broad spectrum of individuals and groups including met the legal defense team. We received information about the deterioration of social conditions and the ensuing governmental responses in recent years, including the aforementioned Legislative Decree # 108, the Special Law Against Acts of Terrorism, the Law Against Organized Crime and Felonies of Complex Realization, and assorted revisions of the penal code. We were provided with an overview of the legal proceedings against the individuals arrested in Suchitoto in July 2, 2007, thirteen of whom are currently awaiting the filing of formal charges under the Anti- terrorism law.

We learned that there are two legal appeals pending in the case of the Suchitoto 13: a habeas corpus petition, and a challenge to the constitutionality of the anti terrorism law. With regard to the habeas corpus petition, although the defendants have been released from prison, their liberty is subject to restrictive conditions. Salvadoran law provides that a decision be rendered on a Habeas Corpus petition within twelve days: at this writing six months later, there has been no response to the petition. The constitutional challenge was filed eight months ago. The defendants report incidents of harassment and provocation when they attempt compliance with the reporting requirements of their conditional release.

We were told both by the legal team, members of various social organizations, and others with whom we met, that the legislative responses to the increase in crime in El Salvador in recent years have been wholly ineffective, and even counter-productive. These ‘counter-reforms’ were characterized as ‘mano dura”, iron fisted. The submissive relationship of the judicial to the executive branch has historically been responsible for a history of repression in El Salvador, and has been noted for the past ten years by the U.S. Department of State in its annual report on human rights and the administration of justice in El Salvador. Although the 1992 Peace Accords proposed reforms intended to ensure a more independent judiciary, these changes were never implemented. In fact, judges who exhibit greater independence are marginalized, passed over for promotions, and sometimes persecuted in the media.

Although contemplated for several years, the anti-terrorism law was passed in 2006 in partial response to the assassination of two riot police killed at the National University of El Salvador. This law:
has only been applied in one other case, which was prosecuted in a regular court, and was dismissed
lacks specificity and suffers from vagueness
Penalties include the possibility of an excessive sentence of up to 65 years

We also learned that (the organized crime lawJ
was passed a few months after the anti terrorism legislation
provides for excessive prison terms, up to 85 years imprisonment
repealed previous specific definitions of organized crime, and replaced them with the definition of organized crime as consisting of any crime organized and carried out by two or more people.
The effect of creating Special Tribunals has been to limit the number of judges available to hear these cases to a small, pliant group.
There is no evidentiary hearing mandated within 72 hours, and so no opportunity to present an initial defense

In light of the life expectancy of 71.8 years in El Salvador, the penalties permitted under both of these statutes amount to a sentence of life imprisonment, which is not permitted under the Salvadoran Constitution.

The defendants in the instant case of the Suchitoto 13 are being charged under both the anti-terrorism law, and the organized crime law, thus resulting in the case being handled by a Special Tribunal.

III. CONCLUSIONS

While there are differing versions of the events that transpired on the roads around and in Suchitoto on July 2, we find ourselves concurring with the opinions of Amnesty International, Office of the Ombudsman for Human Rights, and 42 members of the United States Congress that “it is hard to imagine how such acts could constitute terrorism. A decision by the judge at the preliminary hearing on Feb 8 that the Special Tribunals are competent to hear this case and that terrorism trials should proceed would be a momentous turning point and have the following consequences:
The creation of an unstable social environment: The most fundamental gift of the 1992 Peace Accords was the creation of a protected legal space for legitimate political expression without fear of reprisal. The use of anti-terror statutes as a pretext to use the law as a political instrument to shut down rather than protect dissent could have a grave effect on social stability. Rather than strengthen the constitutional protections that were intended to create a firewall against a return to the extra-legal environment of the 80’s, the use of the law in this manner undermines the security and democracy a true rule of law is designed to protect.
Signal a validation of the anti terrorism law, which is vague and ambiguous. The law itself is highly problematic and needs to be reviewed and examined closely in light of all we have seen and heard. We know that the constitutionality of the anti-terrorism law has been appealed, and were assured by numerous officials that the law is under intense review.
Weaken national security. The misapplication of anti-terror and anti-crime law to political ends by targeting an entire social movement rather than specific threats to national security devalues the concept of terrorism and weakens true anti-terror efforts
Possible loss of Millenium Challenge Account Funds: These 461 million dollars in development aid from the U.S. are predicated on compliance with benchmarks of human rights and civil liberties; high profile violations in these areas may cause the U.S. Congress to re-evaluate this use of U.S. tax dollars. While El Salvador’s current scores give it passing grades in some categories related to human rights, the scores in the 2007 ratings reflect behavior prior to that year but do not reflect events occurring in 2007. Four of the six criteria comprising the major category of Ruling Justly – Political Rights, Civil Liberties, Rule of Law, and Voice and Accountability – bear directly on the issues that will be raised if the government chooses to proceed with the prosecution of the Suchitoto 13 under the non-specific and ambiguous provisions of the anti-terror statutes.
Jeopardize business investment and tourism: The specter of social instability precipitated by terrorism trials could well be a negative signal to businesses and investors who look for a truly long term stable business environment. Likewise, the damage El Salvador might sustain to its international image could jeopardize its ability to brand itself as an attractive tourist destination.

We wish to note one final, grave concern. We heard a multiplicity of perspectives and versions of events, including many eyewitness reports presenting elements which, if proven, are very troubling. We are not in a position to effectively evaluate these reports, but found the testimony compelling and worthy of including here as an area needing further investigation.
· Residents of the area report that the road leading into Suchitoto was militarized the day before the scheduled public forum and presidential visit.
· Residents and eyewitnesses aver that the first roadblock constructed on July 2 was set up by the police to prevent people from boarding buses going into Suchitoto. This resulted in the involuntary congregation on the side of the road of hundreds of people who were unable to board the buses they had come to get. The tear-gassing of these people, many kilometers from Suchitoto, as well as the incursion of not only police but of military, including military helicopters, into communities as far as a kilometer off the road appear to have been the first events of the day.
· The presidential visit to Suchitoto was scheduled to take place on the first anniversary of the assassination of local activists.

The Minister of Justice, the Director of the National Civilian Police, and the Ombudsman for Human Rights have already stated that in their opinion, the police response on this day was characterized by an excessive use of force. Clearly, the allegations outlined above indicate the need for an independent and thorough investigation of these matters. It is our recommendation that this be undertaken if the prosecution of this case continues.

IV. FINAL RECOMMENDATION

In the coming weeks, the eyes of the international community as well as those of the United States are focused on these unfolding events in El Salvador. It is our hope that
the government will set an important democratic precedent through the application of justice, and dismiss this case against the thirteen accused individuals because it is clear that they are not terrorists.

For comment or further information, contact: humanrightsinvestigation@gmail.com

Beatrice Blake Frank Hollick
Sharon Browning Adam Lacher
Emily Carpenter Ann Legg
Dennis Chinoy Michael Ring Sr.
Meredith De Franceso James Wallace