Systemic Human Rights Abuses in El Salvador: Ongoing Abuses, the Mano Dura, and the International Response
I. Current Human Rights Issues in El Salvador
Violence and discrimination against women, and LGBT community
It is illegal in El Salvador to get an abortion, failure to abide by the law results in 6-12 months in prison. In 2020, 19 women who had suffered obstetric emergencies were charged on the basis of homicide, aggravated homicide or abortion. According to the Gender Equality Observatory for Latin America and the Caribbean, El Salvador has one of the highest femicide rates in the world (2.4 cases per 100,000 women). Under Mano Dura Plan and the state of exception, women in El Salvador are facing new forms of gendered violence. Previously, women had played a significant role in gangs, providing intelligence and communications as forms of “support” to imprisoned gang members. However, this would be a heavily taxing job as these women often faced sexual abuse, and their families were harassed if they didn’t follow orders. Under Bukele’s plan, women are being subjected to harassment by the soldiers in heavily militarized regions. According to a Carnegie report, female activists hide their identity and often call themselves teachers if asked by the soldiers to reveal their identities. Secondly, the financial responsibility that male members of a household who face imprisonment now were previously responsible for, now the women of the household have to take care of. This also includes that women provide money to detention centers for their family members to buy food, clothing and medicines in prison. That is something required by the government. This has caused poor households to bear the heavy costs of their imprisoned male relatives. Along with being exposed to the burdens of financing their imprisoned relatives, the female members are afraid that if they leave their children unsupervised while going out in the search of work, the children may be at a risk of sexual abuse by soldiers or by family members. There are growing concerns among women across militarized towns. Moreover, the women’s rights organizations are also targeted by the government in terms of slashing budgets and attacking their employees on various occasions.
According to Human Rights Watch, since 1993, over 600 members of the LGBT community have been killed in El Salvador. Between January 2015 to 2019, 692 cases of violence against LGBT and intersex members were recorded officially. There were officially 19 murder cases pending trials as of 2019. Between 2019 and 2020, 2 gay men and 7 trans women were killed based on their sexual orientation. In 2019, President Bukele also dissolved the Secretariat of Social Inclusion.
Extrajudicial killings and treatment of prisoners by police and security forces
OHCHR reported that between 2015 and 2020, there were 179 extrajudicial killings by the National Civil Police and the Armed forces during confrontations with gangs. Currently, El Salvador has surpassed the United States and has the world’s highest incarceration rates, with over 1% of its total population in prison. Some of these arrests have simply been on the basis of someone “looking nervous”. Between March and November 2022, the police arrested over 58,000 people, including 1,600 children. While previous Mano Dura Plans atleast released people who were found innocent, President Bukele’s recent plan has taken over judiciary, undermining its control over judicial matters. This has been recorded as a direct violation of democracy. The magistrates of the court and the Attorney General had been replaced.
An official figure from December 2020 states that the prisons in El Salvador have a capacity of 27,000 detainees. However, in March 2022, El Salvador prisons had 39,000 detainees, and that number increased to 95,000 by November 2022. Detainees have no right to a lawyer. Detainees are also not given basic items such as food, medical supplies, toilet paper, clothing items, and water. This has led to violence among detainees in detention centers. The families of detainees are asked to pay $170 monthly of which “$35 are given for food, $15 for hygiene items, $30 for clothing, $20 for cleaning the area, and $70 for miscellaneous items.” Additionally, an inmates relative reported that the inmates are buying everything at double the actual price in detention. Due to these necessities not being met by the state, so far, over 90 detainees have died. Hearings are mostly conducted in groups of 500 detainees, sometimes virtually, limiting their ability to speak up.
Freedom of expression and press freedom
Human Rights Watch reported that From June 2019 to May 2020, the Association of Journalists of El Salvador documented 61 violations of press freedom, including assaults, online abuse, and limitations on journalists' ability to do their jobs and access the public record. President Bukele has attacked the reputation of independent media since assuming office, specifically El Faro, Revista Factum, and Gato Encerrado, allegedly disseminating "fake news," and has used media outlets under the control of the government to print stories critical of them. Gato Encerrado had a cyber-attack in July 2020 that caused all the content from the previous 6 months to be deleted. The computer belonging to Gato Encerrado reporter Julia Gavarrete was stolen from her house during the same month and two computers were reported stolen from the residence of the editor of Revista Disruptiva. It is unclear who the perpetrator of these attacks was, however these occurrences along with the government violating freedoms of the press makes it extremely difficult for journalists to express their opinions.
II. The Mano Dura and Territorial Control Plans
Description and analysis of the mano dura policy and its impact on human rights
Government policies that offer tough solutions to curbing crime are always used by authoritarian and populist leaders. One such policy is Mano Dura. La Mano Dura, the “iron fist”, is the El Salvador’s government policy against on-going violent crimes in the country. Most of this policy has to do with gang crimes. In the wake of the country’s civil war, crimes against humanity had become rampant which led to mass scale killings, and people fleeing to neighboring countries. Some of these immigrants who moved to the US formed some of the largest Hispanic gangs in the US, for example Mara Salvatrucha or MS-13, which was formed in Los Angeles. According to the FBI, the gang is spread across 46 US states with the motto “kill, rape, control”. According to a report, as of 2008, the estimated size of the gang was somewhere between 6000-10000 members in the US, and approximately 60,000 members across Central America, with an annual revenue of $31 million. Similarly, Barrio 18 is a rival gang with roots in El Salvador, causing the same level of violence in the US and Central America. It is believed to have between 20000-30000 members and was also formed in Los Angeles. The members were initially Mexican; however, the gang opened its membership to immigrants from El Salvador, Honduras, and other countries from Central America. Previously, the El Salvadoran government had transferred 1177 Barrio 18 members to US prisons to curb violence in the country. Once the civil war was over, the US started deporting gang members back to El Salvador which increased crime rate and murder rates. The aspirations attached to the peace accords were quickly shattered as violence peaked in the 1990s and throughout 2000s. In the 1990s, El Salvador was reported to have the third highest violent mortality rates which was 42.3 per 100,000, topped only by Colombia (83.2), and the Russian Federation (42.9). By 2006, According to World Bank data El Salvador’s homicide rate had gone up to 58 per 100,000, making it the highest homicide rate in Latin America. In 2008, the robbery rate in El Salvador was at 10.6% making it 6th in Latin America, burglary rate was at 4.3%, and overall victimization rate was 19%. El Salvador also had the highest health costs of crime and violence which was equal to 1.99% of GDP (US$ 271 million) in 2008. In 2015, the government recorded 103 killings per 100,000 residents. After a widespread crackdown in 2022 against gang members and drug traffickers, the country saw a positive outcome — a sharp decrease in killings. The killings went down 56.8% from the previous year. 2021 recorded 1147 cases of homicide, whereas in 2022, the number went down to 496.
In the light of increasing violence, in 2003, President Francisco Flores of the Nationalist Republican Alliance (ARENA) initiated the Mano Dura plan to put a stop to street crimes and gang violence. It was initially intended to be a 6-month program involving the police and the military. One of the significant tenets of the plan included arrest of gang members based on their appearance. In the first year, 20,000 people were arrested, and 90% of them were released without any charges. In 2004, the Supreme Court outlined Mano Dura as unconstitutional, however, it was re-implemented in 2006 by President Antonio Saca of ARENA. It got a new title “Super Mano Dura”. The second round of this plan also made amends to the Penal Code. It was a widely accepted plan, and continued being implemented when FMLN’s candidate Mauricio Funes took presidency in 2009. His government deployed 2800 soldiers to assist police in fighting gangs.
The mano dura plan's main components were as follows:
· Increased Policing: The proposal called for sending more police to high-crime areas, especially those with a lot of gang activity. The goal was to stop gang activity by stepping up surveillance, going on patrol, and making arrests. Young males were frequently targeted as they were considered the ones initiating criminal activities.
· Tougher Sentencing: The mano dura strategy placed a focus on harsher sanctions for offences connected to gangs. This includes gang members receiving longer prison terms, fewer chances for parole, and restricted access to treatment programmes.
· Collaboration with the Military: The plan called for strong cooperation between the police and the military, with the latter helping in law enforcement operations and support for patrolling high-crime areas. Concerns about possible human rights breaches were raised by the military's role in domestic law enforcement.
· Social Programmes: The plan's social programmes, which aim to give at-risk adolescents alternatives to gang participation, were included in addition to law enforcement measures. These efforts emphasized education, career development, and community development.
Those who oppose the mano dura policy have expressed several worries:
· Human Rights Violations: During the implementation of the plan, security personnel and police officials are said to have engaged in extrajudicial executions, torture, and arbitrary detentions. Concerns regarding due process, the right to a fair trial, and the use of disproportionate force have been raised as a result of these violations. Mano dura legislation often focuses on enforcing stricter criminal laws, extending jail sentences, and urging courts to impose the harshest penalties possible. The anti-mara law passed in El Salvador in July 2003 is a prime example of this. This law, known as the “Ley Anti-Maras”, makes it easier to detain and prosecute anyone who are thought to be involved in gangs on the basis of the newly defined felony of "illicit association" or gang membership. This law allowed for the identification of suspects based on flimsy information like tattoos.12 Approximately 20,000 mareros were detained between July 2003 and August 2004, many of them youths and young men. After the Salvadoran Supreme Court ruled that the Mano Dura Law was illegal for breaking the UN Convention on the Rights of the Child, approximately 95% of them were eventually released without being charged.
· Limited Success: According to others, the mano dura strategy has not been successful in reducing gang violence or addressing its underlying causes. The strategy may have caused gangs to move to new regions, increased bloodshed because of conflicts between rival gangs and security personnel, and a circle of vengeance.
· Criminalization of Youth: The plan has come under fire for disproportionately focusing on marginalized communities and criminalizing youth, especially those who reside in areas of extreme poverty. This strategy might make it more difficult to address the underlying social and economic causes of gang membership. The procedural rights that are promised to suspects, especially juveniles, are diminished. Pre-trial detention, extrajudicial confessions, the removal of protections for minors (under 18), a rise in the frequency of unauthorized searches, and decreased evidentiary standards may be a few of them. Since there are insufficient safeguards for preventing police abuse and procedural rights for inmates, they go beyond so-called "zero tolerance" methods that concentrate on low-level offences.
It is significant to note that despite the mano dura plan's initial popularity among groups of people concerned about rising crime rates, continuous discussions over its efficacy, potential effects on human rights, and long-term effects on El Salvador's security situation have taken place.
Description and analysis of the territorial control plan and its potential human rights implications
In 2019, the anti-gang policies in El Salvador took a sharp turn under the presidency of Nayib Bukele. President Bukele opted to upend all constitutional guarantees for the citizens and engaged in mass incarceration against the to fight gang violence and street crimes in the country. Around 8% of Salvadorans, according to estimates from 2019, were believed to be members of one of the three major gangs in the nation: MS-13, Barrio 18-Sureos, or Barrio 18-Revolucionarios. Phase I of President Bukele's Territorial Control Plan (PCT), which aims to increase security in the country by first removing communication privileges for gang members in Salvadoran prisons and by enacting severe militarization through the army and the National Civil Police, was implemented 19 days after President Bukele took office in June 2019. However, his plan, known as Plan Bukele, evolved into a more extreme version of mano dura that assisted him in consolidating power and has led to suspicions of democratic backsliding.
President Bukele’s official address to the nation outlined his governments $91 million allocation of funds to phase 2 of PCT, and cutting communication networks between gang members in penal centers. He declared arresting 4500 gang members in the first phase, along with seizing a big quantity of drugs and weapons. He also urged friendly countries to aid the war against crime. Although the homicides had been declining since 2015, they took a turn for the worst in March 2022, when over a weekend over 70 people were killed. This pushed President Bekele into implementing “state of emergency” or a “state of exception” which was supposed to last for a period of thirty days.
“An "exception regime" is declared throughout the national territory, for a period of thirty days, all of which derives from the serious disturbances to public order by criminal groups that attempt against life, peace, and security of the population.” (Translated online*)
As comprehensive as this plan may seem, it has come with the worst possible human rights violations. It has included harassing women, children, and men, illegally detaining thousands of their own citizens, forcing detainees to buy their own food in prisons, and harassing journalists who report against these atrocities. The Bukele regime has left no stone unturned to prove that their plan is working. As of December 2022, Human Rights Watch had reported 90 deaths in detention cells due to basic survival needs being denied. The plan has heavily decreased extortion, which has been the main source of financing among the gangs. As reported, the mass detentions did detain a lot of gang members and leaders, which led to a disconnect amongst gang members all across the country. This has led to a disconnect between gangs. This has ultimately resulted in dismantling and has put a halt to street crimes and killings. However, many of the gang members and leaders have fled to Mexico, Honduras, and Guatemala, and as far as Chile, exporting crime across borders and expanding their influence. This has caused a state of panic amongst different governments, like Guatemala, who have launched their own campaign against gangs. About 60 gang members of MS-13 had been arrested across different borders. Bukele’s plan got support in Peru, Chile, Costa Rica, Guatemala, and Honduras, while some of them have gone as far as adopting similar plans to tackle violence in their respective countries. Although the invisible borders that divided many regions of El Salvador are seemingly disappearing and as people gain access to public spaces, the street crimes have substantially decreased after Plan Bukele had conducted mass detention, it is important to note that this has come at the cost of the government curbing basic constitutional rights of the citizens. According to Human Rights Watch, some of the rights that were violated included “the rights to freedom of association and assembly, the right to privacy in communication, and to be informed of the reason of arrest, and allowing judges to try to jail children aged 12 and above.”
III. International Response
Response of the international community to human rights abuses in El Salvador
The US has allocated about US$72 million in bilateral aid to El Salvador for the 2020 budget year, with a focus on reducing extreme violence and bolstering governmental institutions. After President Bukele ousted the judiciary, his government faced strong criticism from the international community including from the United States Vice President Kamala Harris who tweeted, “An independent judiciary is critical to a healthy democracy- and to a strong economy.” US Secretary State, Blinken also voiced his concern in a statement “noting that an independent judiciary is vital to democratic governance.” The Organization of American States (OAS) President Almagro, who was previously a supporter of Bukele also stated, “rejects the dismissal of the magistrates of the Constitutional Chamber of the Supreme Court of Justice and of the Attorney General, Raúl Melara, as well as the actions of the Executive Branch that guided these decisions.” In 2021, Acción Ciudadana, Citizen Group For The Decriminalization Of Abortion, AMCHAM, Anep, Azul Originario, Chamber Of Commerce And Industry Of El Salvador, Cecade, Center For Legal Studies, Coexport, Collective Feminist, RA:LC, Cristosal , Due Process Foundation, DTJ Foundation, FESPAD, FUDECSO, Funde Transparency International Chapter, FUSADES, Futuro Abierto, ICEFI, Ibero-American Institute Of Constitutional Law Section El Salvador, Solidarity And Volunteer Leaders Of El Salvador, MODES, Central American Movement 2 March , Ni Una Menos El Salvador, Netherlands Institute For Multiparty Democracy, Plataforma Global El Salvador, Salvadoran Network Of Human Rights Defenders, Salvadorans Building Memory, and Universidad Centroamericana José Simeón Cañas, signed a joint statement condemning President Bukele’s unconstitutional decision to overthrow the judiciary. They called it a coup d’etat and stated that it violates independent justice to all Salvadorans.
Role of international organizations in promoting human rights in El Salvador
At the forefront of human rights advocacy for the people of El Salvador have been Human Rights Watch and Amnesty International. In March 2020, the United Nations Working Group on Arbitrary incarceration called on El Salvador to enact structural measures to "end the arbitrary detention of women in vulnerable conditions." The group cited the lengthy prison sentences of women who had experienced obstetric emergencies or miscarriages as evidence. The Inter-American Commission on Human Rights raised concern following a visit to El Salvador in December 2019 due to the high levels of abuse, military involvement in law enforcement activities, overcrowding and unsanitary conditions in prisons, and brutality against women, girls, and LGBT individuals.
Jose Miguel Vivanco, executive director of Human Rights Watch, American Division tweeted, “I want it to be clear to Bukele: We will make every effort to make this assault on democracy affect his relationship with the U.S. government, World Bank, IMF, and IDB [Inter-American Development Bank]. Today in Washington the rule of law is necessary.” In March 2023, OHCHR Spokesperson, Marta Hurtado stated, “We understand the serious challenges posed by gang violence, and the State’s duty to ensure security. However, it is the State’s duty to do so in compliance with international human rights law.” Needless to say, that the international response to the systemic injustices in El Salvador are limited and deserve deeper measures by the international organizations and the international community.