EL SALVADOR: New tax tabled to fund war on gangs
With monthly homicides spiralling to ever-more alarming heights, the government led by President Salvador Sánchez Cerén has presented a bill to the legislative assembly to raise additional tax revenue to finance its public security initiative ‘El Salvador Seguro’. The ruling left-wing Frente Farabundo Martí para la Liberación Nacional (FMLN) is at present alone in supporting the unpopular bill and will need allies for it to pass.
The official homicide figures for August showed that it was by far the bloodiest month on record in El Salvador [RC-15-09]. The fact that there were a total of 911 homicides, the number used to dial an emergency, seemed like a bitter symbol of the country’s descent into a maelstrom of violence. Answering the ‘emergency call’, President Sánchez Cerén announced that his government was sending a 10% tax on telecommunications to the 84-seat unicameral legislative assembly for approval, which would help fund some of the ‘softer’ elements of his government’s ‘El Salvador Seguro’, namely a bill to help reinsert repentant mara gang members into society.
The 10% tax on mobile phone, Internet service and cable bills is very unpopular and, as such, the FMLN cannot rely on support from the centre-right Gran Alianza por la Unidad Nacional (Gana). The technical secretary to the presidency, Roberto Lorenzana, argued that the decision by the telecommunications regulator (Siget) to lower the rates which phone companies can charge by 13% would offset the effects of the new tax and to all intents and purposes transfer the burden of the tax to phone companies rather than the general public. If approved by the Siget board of directors the lower rates would take effect on 1 November this year. “We are certain that the approval of ‘the special contribution for security’ would not have an impact on consumers,” Lorenzana said.
Prevention part of the cure
Meanwhile, Sánchez Cerén announced that he would present another bill to the legislative assembly shortly, namely ‘the law for the prevention, rehabilitation and retirement of gang members’. “It is necessary to invest in youth, provide employment and grants for them to study, improve health services, guarantee cultural programmes, recreation and sport,” Sánchez Cerén said. He added that this bill would be “dead in the water if we don’t have resources”.
Sánchez Cerén said he would be willing to modify the proposal sent to the legislative assembly to establish a tax on telecommunications to finance ‘El Salvador Seguro’. But he was adamant that he would not altogether renounce the creation of some kind of “special contribution… to guarantee the fight against crime”.
“Everyone [criticises] the number of homicides, extortion, the impact of insecurity on the economy, but it is time to act,” Sánchez Cerén said. For his part, the security minister, Benito Lara, said that the next tax would provide in the region of US$140m to finance ‘El Salvador Seguro’, giving priority to municipalities afflicted with the highest levels of violence.
While part of the money raised from the tax on telecommunications would go towards enhancing the security forces, Lara said, it would principally be used for preventive not repressive purposes. Lara did not provide any detail of ‘the law for the prevention, rehabilitation and retirement of gang members’ other than that it would entail “a series of programmes in schools, communities and municipalities”.
Sánchez Cerén’s decision to mention the proposed new law looks like a response to mounting criticism that his government’s response to the mara gang conundrum is one-dimensional: bellicose rather than benevolent. This critical view, aired by the likes of human rights organisations, former mediators of the 2012 mara gang truce and influential international observers, was underpinned by a remarkable interview given by the government’s communications minister, Eugenio Chicas, to El Salvador’s online media, El Faro, which was published on 8 September.
Chicas revealed that the government’s strategy of repression to recover territory dominated by the country’s mara street gangs would last until the end of 2016. “To believe that magically the homicides are going to disappear is not going to happen,” Chicas said. “A confrontation with criminality at this time will generate what is happening: many victims. We regret this but we think that this is the only way and this is our strategy,” he added. Indeed, he said the government would pursue this strategy “very actively for what remains of this year and the whole of next year”.
Chicas made it clear that the position of the Sánchez Cerén administration responded to “social expectation over this problem”; that public opinion approves of the mano dura strategy against the gangs (although not enough, it would seem, to be prepared to fund the government’s public security strategy via a 10% tax on telecommunications that would be absorbed by the phone companies anyway).
When El Faro put it to Chicas that the costs of this strategy were high, with 911 homicides in August alone, the government spokesman responded that “there is still a lot to do”. “The fact that over this period the number of murders increased dramatically does not mean that the problem is not being resolved,” Chicas went on. “We have a very complex structural situation in which the upshot of confronting the problem in a full frontal manner is the results that we have. In the past there has not been the same desire to confront [the problem] with this firmness and energy…We are capturing the criminals, pursuing them and giving no quarter. Is this producing a lot of deaths? Yes, it was to be expected.”
Supreme court back up and firing
El Salvador’s political parties reached an agreement on 24 September over the appointment of five new magistrates to the 15-strong supreme court of justice (CSJ). Two of the magistrates were selected by the 35 deputies representing the main right-wing opposition, Alianza Republicana Nacionalista (Arena), two by the FMLN, with 31 seats, and one by the deputies for smaller parties in the legislative assembly.
The new magistrates will serve for nine years. One-third of the CSJ is overhauled every three years under the constitution. As magistrates can only be appointed with the support of two-thirds of deputies in the assembly, candidates cannot be elected without the backing of both Arena and the FMLN. Five alternates have been filling vacant positions on the CSJ for the last three months because the parties could not reach an agreement over their respective candidates, the main bone of contention being the FMLN’s choice of Jaime Martínez, who Arena maintained was too closely aligned to the left-wing party. The FMLN eventually gave way.
The CSJ has the power to hire and fire judges; suspend lawyers and notaries for legal infractions and establish jurisprudence. Although there have been calls for a more meritocratic and independent CSJ whose magistrates are not beholden to their party political benefactors, the constitutional chamber of the CSJ has appeared untrammelled in recent years, issuing a series of contentious rulings which have incensed both the FMLN and Arena alike. The most recent of these rulings was to block the government’s emission of US$900m of bonds last June while deliberating on a legal challenge to the procedure that led to their approval, which led President Sánchez Cerén to pin the blame for any deterioration in public security in El Salvador on the five magistrates sitting on the chamber.
- FMLN elections
The national council of the Frente Farabundo Martí para la Liberación Nacional (FMLN) has called internal elections for 2,972 leadership positions nationwide on 22 November. The party’s secretary general, national council, national convention, departmental leaderships and local secretaries will be elected. At a national convention on 13 December, the ethics tribunal, appeals and comptroller tribunals, bodies which enforce party discipline, will also be elected by secret vote.
- Gang truce
One of the ironies of the government’s wholehearted endorsement of a mano dura strategy against the mara gangs is that senior members of the cabinet were previously wedded to the idea of the gang truce. None other than the defence minister, David Munguía Payés, when he was public security minister, championed the truce. His successor, Ricardo Perdomo, called for a new truce at the end of the last government in early 2014. The incumbent Vice-President Óscar Ortiz, when he was mayor of Santa Tecla, met gang members to start up negotiations in the so-called ‘municipal sanctuaries”, hot spots to be declared free of violence, a move which the current government believes extended the control of the gangs over territory.