Day 10, Wednesday March 7, 2018

7:00 am breakfast

8:00 left for the U.S Embassy in El Salvador

9:00 arrived at the Embassy and passed through security leaving our phones behind.

On February 20, 2018 a letter was directed to Secretary of State Rex Tillerson from Congressmen and Congresswomen Jan Schakowsky, Juan Vargas, Hank Johnson, and Jose Serrano about their concerns for U.S. involvement in the upcoming elections in El Salvador.

On February 8, 2018 I sent an email to Mitchel Hochberg Foreign Affairs in Washington D.C. and Katrina Rill in my district office who was able to send an email requesting California representative Jackie Spier to join and sign the letter. The letter was a success with the help of many CISPES delegates and was directed to Ambassador Jean Elizabeth Manes in El Salvador.

On our arrival to the U.S. embassy, we patiently waited in a conference room.  Within 10 minutes Ambassador Jean Manes and her policy advisor Amy E. Archibald. She gave a statement and right after she asked if we had any questions.

My partner Delegate Lea Papas made the following statement:

“We thank you for seeing us here today. As CISPES delegates and international observers for the elections we have three main points that we would like to discuss with you.  Delegates Rocio Esqueda, Yesenia Portillo and Carlos Rosales will be making the following statements:”

My statement of recommendation was the following:

“As election observers, we are concerned that the voting centers were understaffed due to the exclusion of political party members from the JRV’s and were semi-functional during the vote count. We worry that the hours that poll workers remained at the voting centers were inhumane and might reduce civic engagement for future elections. We agree with the Organization of American States’ recommendation that El Salvador simplify its voting system, which has been complicated by the last minute decisions of the Constitutional Chamber.”

After my statement, Ambassador Jean Manes responded with the following:

“With the same objective TSE has done an incredible job. It is complicated with the new composition and having to train. We participated for the international communities and if we compare it to 2015, they were peaceful. The police did a great job with securing and 30 embassy members were part of the international observing.  We have our own list in the U.S. everyone is going to come out with their own list of recommendations.  TSE found an error and they fixed the error.”

My partner Delegate Yesenia Portillo, made the following statement:

“In recent years the Constitutional Chamber of El Salvador’ Supreme Court of Justice has acted far outside of its mandate, making very troubling decisions that actually undermine El Salvador’s constitution. The chamber’s ruling prohibiting the political affiliation of citizens within the electoral process and of representatives of various governmental institutions are a draconian violation of political and civil rights. These decisions disproportionately benefit right wing oligarchic interests and undermine the integrity of the country’s electoral process. In our role of election observers we have witnessed the effects of the Constitutional Chamber’s overreach into electoral matters that according to 1992 peace accords should be left to the Supreme Electoral Tribunal. We are deeply troubled that you have repeatedly very publicly expressed your congratulatory support for the chamber’s work given that their resolutions have all but forced the TSE to make changes to the electoral process which have resulted in one of the most complicated electoral processes in Latin America, if not the world. We demand that you stop intervening in El Salvador’s political in El Salvador’s political process through this expression of support for such problematic institutions.  Members of congress echoed this demand in a letter to you and Secretary of State Rex Tillerson last week. As we look ahead, we call on you and the U.S. State Department to withhold from taking actions or making any statements that might appear to support the Chamber’s controversial decisions, and publicly state your neutrality towards whatever government wins the 2019 presidential elections.”

Ambassador Jean Manes responded with the following:

“I want to thank you for investing the time. We work with the people that the Salvadoran elect and that is what we do. We are working on reduction of migration to the U.S. with three objectives

  1. Working with Salvadoran government to decrease the rate of homicide which has decreased 40%
  2. Jobs, working on investment
  3. Support on institutions militarily such as Alliance for Prosperity

We work with indirect coordination. I work once a week to work on a common agenda. We have 600 employees in the embassy. 200 are Americans and 400 are Salvadorans.  Gangs in the prison system are getting classified since they are overcrowded for about 30%. The prisoners are getting re-integrated by YOCAMBIO. When you see the work program, it is concentrated on job placement which depends on the economy growth. There are many challenges and 3 countries are working together for an economic progress on custom union Guatemala, Honduras and El Salvador.  These are the three coordination of the Attorney’s General.

One, there is no doubt that the elections are super complicated process with an incredibly long day across the country with limited food.  Two, we respect the election results. We will respect the 2019 results. We support the institutions. Our policy of the 16 criteria of our legislation is a written criteria that the U.S. governs. I don’t come here to tell them what to do. It is up to the Salvadoran people to make their decisions.”

Immediately, Policy Advisor Amy Archibald continued with the following:

“We get others with transnational justice. I would argue that Salvadoran Institutions to act upon we have a role to act upon. We have a role to play with check and balances. It is our role as it is to say that Salvadoran government has their system.”

Ambassador Jean Mane continued with the following:

“In this role my job is to make it work. To make it work, my job is not to see it if they are trained in TSE or JRV my role is to support their institutions and El Salvador to make their decisions.”

Policy Advisor Amy Archibald-

“The challenge for us is that we hear just as other judicial experts and other associations that we are doing what we should. We can’t make a decision. I am an American diplomat I can’t say these lawyers are correct or these are not correct. There is a difference of opinion.”

Ambassador Jean Mane-

“I get criticized by congratulating the police should I refrain from acting with the constitutional chamber? We cannot do that. The police have done things against human rights violations and we at times cannot congratulate them or get critical. We can’t refrain from public statements.”

Partner Delegate Carlos Rosales continued with the following:

“The U.S. Department of Homeland Security decision to suspend TPS program for El Salvador created significant anxiety for Salvadorans in the U.S. and El Salvador due to the loss of status for such a large segment of the Salvadoran population in the U.S.  The Salvadoran media has misrepresented the State Department’s reason for the decision, saying that TPS was suspended due to the foreign policy positions of the Sanchez Ceren administration.  We ask that this embassy clarify this misunderstanding with a public statement repeating the State Department’s reasons for cancelling TPS for El Salvador.”

Ambassador Jean Mane-

“How decisions get done in Washington is a formal process submitted to the Secretary of State. Other factors are considered. There are political considerations. I cannot make those publicly. On a big policy there are many factors, I rather say nothing. It is a factor in all our conversation. One is that we don’t have the same opinion with the Salvadoran government. We have foreign policy just like we disagree with Iran, North Korea, and Venezuela. I can’t refrain from making public statements.”

CISPES delegate-

“So then you are saying that it is a factor?”

“We have tremendous amount of people working with the Salvadoran people and the private sector. We have the Millennium Challenge Corporation. I am not making any statements or taking part to build a wall (as she directs herself looking at me). Or this goes for you Carlos…We have to think about the 130,000 kids who are U.S. citizens from TPS parents. What would happen to them if they get deported? I will leave because I have other things that I have to take care of, but you can talk to my advisor Amy Archibald, for any questions that you have.  We barely get Americans in the embassy and thank you again for visiting us.”

The threat of Water and Metallic Mining was brought up to her policy advisor right after ambassador Jean Maine left.

Policy Advisor Amy Archibald-

“We cover migration issues, we cover issues of security and human rights. We have no views whatsoever with the mining.  Access to clean water was part of the Millennium Challenge Corporation which was negotiated between 2014-2019. They are inaugurating a plant in Apopa, Najapa this part of infrastructure is in partnership. Another one is climate change that will implicate the loss of lands. The biggest challenge is to be able to deliver these projects and we have not heard any complaints from the community.”

I asked her the following question:

“Then, can you please tell me or elaborate about the civilians in the municipality of Diez de Mayo who are being evacuated and have tried to get them evacuated four times?”

Policy Advisor Amy Archibald-

“I am not familiar with that particular community of Diez de Mayo.”

The conversation ended and we all left being escorted by Policy Advisor Amy Archibald.  I observed many wall pictures and sings with the following:

      U.S. STRATEGY

          For engagement in

Central America

ALLIANCE

       for

PROSPERITY

Policy Objective: Reduce irregular migration through

Increasing economic growth and improving citizen security and access to justice

Developing human capital strengthening government institutions

1:00 pm Lunch and arrived at the beach for the rest of the day

Day 9 Tuesday March 6, 2018

6:30 am Breakfast

8:00-10:00 am press conference on elections day

11:00 am The criminalization of Abortion

“The absolute prohibition on abortion violates women’s rights to life and health. Salvador medical personnel cannot offer a woman the option of interrupting a pregnancy, even one that endangers her life or health due to a pre existing condition, cancer or a tubal ectopic pregnancy. The heart beat of the fetus will need to stop in order for interruption. This puts 30.8% of maternal deaths due to indirect causes.

There are currently four proposals in the assembly. 1. To terminate pregnancy when the mother’s health is at risk. 2. to terminate pregnancy when the pregnancy is due to rape. 3. Terminate pregnancy when the fetus will not survive for any given abnormalities. 4. Any incest rape. Currently women serving sentences are in jail for up to 30 years whereas men are given sentences for murder up to 8 years.

Clinical Charges are filed from public hospitals for suspected abortions. It is about 50% of legal complaints from hospitals. Women are interrogated without legal consul and handcuffed in their beds.”

12:30 Lunch

2:00 PM Mirna Perla Former Magistrate

 

“I am a victim from torture and the massacre October 30, 1975 during a march at the University of El Salvador.  My husband was assassinated in 1987 when he was taking our 5 children to school.  As part of the committee we are pushing for a law for victims from these atrocities. Because of the armed conflict, we are pressuring the government to help us.  There are a lot of victims that are vulnerable. As part of the peace accord, there is a report that they would look to see who were the responsible and come forth to the punishment from these victims because of the grave violation of human rights. From those thousands for victims from the method that was happening by massacring.  An operative was used by using national police with tear gas and armed weapons.  Currently we have about 25 people that have been disappeared that since 1975 have not appeared.  Many people in the wilderness or farms would disappear and this method was used often by massacring.  My husband was kidnapped in 1986 he was in the human rights commission. For 15 days he was kidnapped without leaving any signs of physical torture.  The torture was cruel that he couldn’t achieve an outcome. The trauma was hard to overcome.    The defenders of human rights organization were ready to die in this case. His conviction plus the need to work he was able to overcome this tragedy in eight years and were able to study his torture. There are facts that an 8 month study shows how 90% of the people captured in the war were tortured. Like a proof of my husband after being released 8 months later he was assassinated. They came using with weapons with silencer donated by the U.S. the state tries to hide by using other responsible for that crime.  This crime was a protest the government was forced to give a response and accused me as I had to leave for exile. They couldn’t convict me or prosecute me so they looked for a man that was18 years old that has nothing to do with that assassination to leave those responsible as an intellectual author for the assassination.  After the peace accords there were great forces systematic torture, genocide, crimes against humanity human rights commission that are against would not remain with impunity.  We need to find these responsible to be able to transit to a society with harmony to aspire a democratic society. There were important elements to create basis for a civilized society that both parts would cooperate for those responsible. One month after the embassy law in the peace accords, the Salvadoran oligarchy backed up by the U.S. with the decision to start wiped clean that nothing from the war would be tried.  As a human rights movement, we have asked for help from the Inter-Americana Court.  Just like Monsenor Romero assassination, he was assassinated just like anyone who would raise his voice.  We have to acknowledge the advances from institutions like the judicial that created a human rights ombudsman system. Yet we have to lament that there are always mechanisms of control for the poor for the large concentration of money in very few families. In this sense, the younger are also getting hurt such as organized crime which is also managed by the oligarchy. So we have a situation of crisis that tries to use with Mano Dura. Repression, jail, assassination always used again the poor people. The leftist government currently has been obligated, blackmailed in order to continue these iron fist policies and that has really worked. The poor have not been able to live a normal life, without an opportunity, they have no respect for property or life. We are in a critical situation.  Instead of attacking the corrupt that generate these conditions, it is incrementing the loss of security, robbery, assassination has increased with ARENA.  This situation is really generated more crime, organized crime, and an ungoverned state. In this context with the FMLN has tried to make social programs to attack in an effective form the vulnerability of these problem sectors. All these programs have been boycotted by the oligarchy of the right wing, therefore it is difficult to be able to stabilize the young from the gangs or drugs, illegal weapon dealing. You can’t satisfy the needs of a marginalized with a job, or security because it’s been impossible. It’s an extermination battalion that has been implemented by the U.S. which is a violation of human rights. Even lately the battalion of 1000 people trained by the U.S. military was dismantled because it is like a boomerang, the women who was head of the battalion was sexually abused from another member of the battalion and created a great scandal.  The gangs are not the real problem that the U.S and right wings uses.  It is the same thing happening to Guatemala and Honduras.  The only thing they are interested are in the 32 state entities. The right wing uses the Gangs like sicarios the fiscal has always elected ARENA. Also, by pushing the death penalty as a judge of the lower court. The gangs say that the drugs and arms are given by the same police which are trained by the police academy which is sort of like the little sister of the school of the Americas.”

Would you please elaborate on the Battalion which you mentioned?

“There is a great problem so this battalion stayed as anti-gangs. Was created with Special measures where legal society will take you to a state of exception.  There’s been supposedly confrontations between gangs and cops that during the confrontation died 10 gang members and one cop. That is not a confrontation that is an extermination. This type of actions are backed up by soldiers that get there to the poor communities and any young man that is a gang member or not, is a victim of these action.  Preventative actions are not taken.  The one doesn’t want to be obedient his life is not worth it. This plan of repression gets all the money because in order to build plans to fix the gang problem with social programs there is not funds, the right wing is always blocking.  But to use naval and army force there are always funds. Their questions is as follows:  “What do you mean? Give money to these gang members to get educated let’s just kill them all.”

“ILEA school was training this battalion International Law Enforcement Academy trains  judges with fiscal policy. It violates our constitution because we have our own training and should be unconstitutional. In El Salvador, we have a school that educates them. ILEA was about to install in San Jose Costa Rica and a deputy anti-militaristic questioned was: Can you assure me that there will not be any military training? Nope can’t assure you. The first courses were for military, judges, and cops to plan destabilize the first people to come to this school was Colombia.  It was the plan Colombia.  They were trained on how to destabilize Venezuela as well as people from  Colombia, El Salvador, Guatemala, and Honduras. They haven’t trained Nicaragua because they are much more controlled and a lot of poverty is in their country.

In terms of the ILEA, 60 men have been convicted by false proof and these people do not have defense at all. I’ve seen how the police are train to provide false evidence. The training of this phenomenon is given were there’s been training such as that of the school of the America’s. These are one of the largest accomplishes one has to purse.  An example is that of Danny Valvore Romero who was a gang member and finished his sentence without benefits. He proposed the education and to change gangs with social change. Where is he now? He is currently in maximum security because the U.S. placed him there in the list as a gang leader. Reforming, incorporating and changing in a constructive way has murdered them and taken to jail.” 

 5:00 pm Prepare for U.S. Embassy

6:30 Dinner.

Day 7 Voting Day Sunday March 4

4:30 am depart to Instituto Nacional Albert Camus San Salvador

Opened at 5:12 am for the JRV’s and International Observers

Witnessed discrepancies such as :

-Stopped counting the ballots. They had to be total of 600

-did not have original team members at JRVs

-two JRVs had the same last name. They were talking about family members.

-forgot to remove corners from ballots

-did not check fingertips

-President was giving back DUI to voters without passing it to the secretary

-A vigilante was sitting behind the voting station eating lunch

– JRVs were able to detect voters from different municipalities and expired ID’s

10:00 am back to the hotel

12:00 pm lunch

4:00 pm visited voting station John F. Kennedy in Ilopango

The following discrepancies were witnessed :

-printed failure ballots

-voters taking a picture at their ballot with their phone

-people telling voters what to vote for, at the polling station.

5:00 pm polling site closes.

The morning JRVs appeared to be making human errors. The evening JRVs appeared distracted. Also, incomplete ballots were given as well as double printed ballots. Both sites were opened to the JRVs after 5:00 am and were open at about 7:30 am for the public.

JRVs started counting the ballots after the polling site closed at John F. Kennedy

The most troubling was when JRVs had to count cross votes. One JRV counted the cross votes but not the preferences on the final A1 sheet.

The second JRV counted all the preferences but not the cross votes. At the end, they addended the final A1 sheet.

The third JRV counted all the cross votes but not the preferences.

Two JRVs had an average of 250 total votes, with 51 nulled votes on one, and 39 nulled votes on the other. One JRV had a total of 54 votes with 9 nulled votes. My observations were that all three JRVs had a difficult time understanding the cross-vote concept, leaving into question wether the voters know the rules.

In addition, many nulled votes were intentionally nulled.

However, many other ballots were nulled because they crossed too many flags or faces. Our concerns was that most of the  JRV’s were extremely fatigued at the end of the day during the voting count. We observed the nulled results with writing all over the ballot, and as a result, the JRV would decide if part of the vote was valid for certain parties. If the ink was marked heavier in certain squares, those were marked preferentially. Our concern was significant, given the complex voting system,  the illiteracy of certain citizens, and the extreme inhumane fatigue. The accuracy of results were questionable given these circumstances as aforementioned.

11:30 pm left the polling site and arrived at the hotel at 12:00 am.

Day 4 March 1, 2018

7:30 Breakfast

9-11 TPS Foro at Central America University UCA

Universidad Centro Americana UCA

Future of TPS

Jacob Blickenov-CISPES

“Welcome, I’m here to represent CISPES which is an organization that’s been working with El Salvador our goals are to work with the intervention of the U.S in El Salvador. Another organization Alliance, is a committee to support people who have TPS. TPS covers many people in Central America, and other countries.  This alliance worked four times with congress.  About 3 weeks we went to D.C. and about 300 people were outside the White House.  We were facing congress with the people outside and we were telling them that these are the families that will be deported.  These are the families that will be broken. We used these strategies for congress to do something about it. In case of El Salvador, it’s given 18 more months. During this time, many things can happen.  There is a possibility that they can extend it even further or work on it.  I will talk about why it was cancelled.  They cancelled because foreign policy. They say that El Salvador is united with Venezuela.  If you see from the beginning Trump was being racist. He said that Mexicans were rapist.. and so on and what happened a few weeks ago?  He said that El Salvador were.. well I don’t want to say it but he did say it as well as Africa, Haiti and compared to Norway so you see his racist views.  Many people with TPS have been there for many years, they have bought a house, they have a car, kids and their lives are in the U.S.  If TPS is broken, our relationships will be broken.”

Sonia Lozano-Representative of Laborer’s International North American Union LIUNA and Miguel Diaz

“Welcome, I am a treasurer for 552 in Washington DC we are a syndicate with 500,000 members.  It covers Canada and the U.S.  This has 30% members in constructions that have TPS.  We negotiate contracts with members to make sure they have their salary, vacation, and health plans.  Miguel Diaz- We come to expose the position of our president pushing laws that will benefit our members.  We support all laws that will benefit who has TPS.  There is something important to know. With an organized Alliance construction worker gets 25% more with this syndicate. It will be very sad if this was to be cancelled.  It was going to be expired this month. Thanks to all the organizations that worked hard, it was extended.  We will lament if a new law is not approved because members have generated funds for pension.  They will lose their pension and will affect many people.  To explain what is TPS? They are 200,000, Salvadorans and 60,000 Hondurans. 90% of these make their taxes. They have been doing this for the last 15 years.  Many of them have their homes and if they leave something will happen to their homes? All the work that we’ve done we have 5 proposals that four have a step to residency. There is one that is giving 6 years but nothing happens afterward.  I am here to explain to let you know how this is important and if you have family members to ask them to vote.  We are working on a law before TPS ends.”

Cesar Villalona-Economist

“Welcome, we have a strong immigration. 97% of all Salvadorans are outside of this country. The remittances are from private works.  After the civil war there was more consumption in El Salvador because of the remittances.  Many people’s lives are modest because of those remittances in urban areas. However, who buys medicine? Who buys food?  The people buy and consume these things that are from big companies.  All this money goes to commerce and then goes to the bank who the owner will lend to an importer, and then the U.S. will get that money from all of that circuit from remittances.  The government of El Salvador also gets benefits because we have to pay taxes. Everyone here moves with remittances.  If we dint’ have 5000 million in remittances we wouldn’t progress.  The money continues to enter the economic circuit.  Productive use is given by the machinery companies. The primary is Exportation and the second is remittances.  If the U.S. does it the remittances will drop 20% and will have a significant outcome.

In regards to TPS, the central bank predicts that this year nothing is going to happen.  They estimate that the deportees will increase 4 percent in January and it increased by 10.7 percent.  It was such an increase.  The bank study is underestimating. I think it will increase a lot more next January.  In terms of increments, the bank estimates that people that can come here they see it as positive.  It will not give any problem it will help with the economy.  85% speaks English. This population has homes, the bank estimates that these people will come with money to make businesses. We are seeing the economic not the social. The bank is facing a catastrophe.  In this country to start a company you have to start 50 steps whereas, in Nicaragua 3 steps.  Dr Cavela predicts that Salvadorans will not be deported based on five theories.  1. There is pending reform in the U.S., 2. A person will regulate his situation, 3 a person can move to Canada if they go to Canada to find a job, it will be better since there are better salaries, 4. Will depend on the time judges make a decision, and 5. how many people come.  These are the ideas that I want to share.”

11:30 am Centro Monseñor Romero

12:00 pm Lunch

4:00- 6:00 International Solidarity

International Solidarity SRI

Blancaflor Bonilla

One of the leaders of FMLN for the Political Commission is the historical leader. Joined in 1970. From 2010 to now on the International Solidarity in all the America’s

“Welcome, from the FMLN we welcome you and appreciate that you made personal efforts and sacrifices you made to come into this country. After the peace accords we have a compromise to fight for political struggle and arms. The arms struggle   that lasted 60 years that caused the civil war from 1981 and 1992 we were 12 years in civil war and that is why we were able to know that with the struggle of arms is not the right way but dialogue and negotiation.  We were obligated to take arms because human rights were on the floor. There were many human rights violations.  No one wants war but our experience was the alternative to destroy the dictatorships they were promoting.  The military dictatorships did not end, it just masked into a new institution. There was 3 causes that caused  the war 1. Excessive concentration of richness, 2. Small number of people cues and electoral frauds to get to the state, and 3. Human right violations. We had to ask the U.S. administration to stop supporting that and that is when CISPES came in to help. By signing the peace accords we didn’t have the political strength to change economic structure. What stayed in the peace accords was government representatives, union representatives, private representatives and Arenas had all the access to it. The master plan was started.  8 and a half years ago we started a new type of governing with the majority of new social programs. In past 18 years that ARENA had in power, a neoliberal policy approach was in place and approved new laws by dollarizing the currency, privatized many factors that at that time FMLN did not have the political power to prevent that. We would have to change the free trade agreements. we would need 43 votes to change the free trade agreement. The first one to privatize was the national banks and then they sold it cheap.  Sold it to Cristiani it was Banco Custatlan and then was Citibank and now Custaclan.  This country was agro-exporter to a service country.  A country of services has to be with Maquilas, banks, and Goldcenter call-centers. They removed all institutions that offered support for agriculture. 49% of the population was in agriculture. By commerce it was cheaper to buy then to cultivate. 2 million people left because there was no work. There are close to 2.3 million Salvadorans outside El Salvador with 7 million in el Salvador and total 10 million in the world of Salvadorans.  In those 18 years that arena was governing, it agreed with the U.S. with FTTA for cheap labor, and expropriation of natural resources. 10 years ago 2 parliament ARENA leaders were assassinated in Guatemala because they were part of the organized crime.   Arena left El Salvador in an insecure situation in relation with organized crime sort of like a metastasized cancer. We have a different administration from the U.S. to combat the organized crime, a new project “The Northern Triangle” a project that is for armed security in which we don’t want. We have 2,000 million of Salvadorans and FMLN is anti-imperialist so we are like a sandwich. We have established diplomacy with many countries. But we have a contradiction that is not linear. We are under control without an exit with the U.S. administration. Now with Trump there is instability. I met Congresswoman Norma Torres, she is Republican I asked her how she sees this project. What she said is that not to disperse a cent and it should not enter into El Salvador. PNC has given new cars, projects for the civil society and 100% goes to Arena foundation and right wing think tanks. However, Guatemala and Honduras are given direct funds.

Electoral Process

Since 2018, we have participated in 5 electoral presidential and 5 parliament elections. There are many organisms in the chamber-institutions after the peace accords. It was formed in 35 articles by removing military dictatorship to form democracy. The oligarchy and military after the peace accords did not face charges for violating human rights we can say that throughout the elections we’ve been competing with the same. Yet we continue to strengthen our political power by participating with the rules that were made by the right. What is the situation? By winning the election in 2009 practically arena loses the cow from which it drank milk from it. They did not just utilize the services, construction, stealing from the state, etc. but they stole 13,000,000 dollars, 160 cases in the court, and they are just pretending until after 10 years similar to stature of limitations law.  The law says that they cannot sue since the time passed. We have not been able to change the law since we don’t have 43 seated.  We have 31 seated.  Arena has 35 seats. We made a law of transparency and corruption. However, because we don’t have enough seats, they are blocking at any given time. As a result, the threats that we now face are because we do not have enough seats.

Changes in the Electoral System that are a Threat

Financial Sector-

Loans, administrative reforms, including taxing millionaires are boycotted.

Electoral Changes-

Party flags could no longer be used on polling only faces, then, in 2015, they were able to use both, faces and flags and then cross-votes.  In 2015 40,000 votes were annulled because of crossed votes. Civilian candidates were allowed to be given an opportunity who was not affiliated to any party. The first person to be removed from office was Eugenio Chicas who made a resolution that any magistrate cannot be affiliated to any party.”

Would you please elaborate with statistics or information with the implications and efforts with the Organized Crime at this time in El Salvador?

“Currently, our president is seen with a weak image yet he has created 5 organizations 1. Prevention of Delinquency, 2. Strengthened Organized Crime Investigation, 3. Goverment Confrontation, 4. Special Measurements, and 5. Strengthened Social Services”

On the left Blancaflor Bonilla

 7:00 pm dinner

 

Day 3 February 28, 2018

8:00 am Breakfast

9:30 Casa Sindical  FSS

We are Frontal Sector Salvadorenos. We are 200 organizations and we are organizing, private, public communities, on the national level maquilas textiles.  We work on a legal level Con Fuerza there are 3 areas 1. Private workers 2.Public sector and 3.Mayor offices, municipalities. As a Social union front, we support the workers and defend them in public and private areas.  We support in collective contracts for their employment and benefits they deserve. Since 2009 FMLN took power, it has been much easier, we have more organizations.  Before it wasn’t possible and couldn’t go out on strikes. In the communities we have supported them in projects in short medium and long terms for instance, San Martin, in the community Rutilo Grando, we are helping with the construction of a school and a clinic. Same with Santa Fe Guarumal, Lourdes en La libertad and Guachapan.  In the case of 10 de Mayo a municipally in Guachapa, we have stopped four times because the citizens are being evacuated from their land. The evacuation is ordered by a judge and the owner from those lands owner of Diario el Mundo. In all these communities, they lacked water and electricity. 10 de Mayo, and ANDA helped install these public needs as it was an approved water project. When the judge calls upon forces to arrive at these communities to evacuate, police and ministers of security do not arrive. No one comes to have them removed. The UN states that no one can be removed if they are not guaranteed a place to move. On March 21st the judge ordered to evacuate 10 de Mayo we asked organizations, union members to be there for the 21st which we have been there before like in October and we prevented from being removed.  Additionally, we tried to get the Catholic and Evangelical Church and until this date, they have not moved.  We have asked the Cardenal to intervene, and he stated that he can’t because of the hierarchy therefore the church cannot act on anything.  We ask you for solidarity. Hueartel is a social worker who is working on behalf of Diario Mundo. He is pushing to evacuate and displace these people but also, he is asking to negotiate lands these lands. What we hear is that they plan on making it a mall to make it an urban area. The mayor in this area is not helping. They are working with Maras to remove the FMLN propaganda from the walls. 

The U.S. embassy doesn’t want this information to be known that this country is on the verge of ending. It is claiming that if the FMLN wins we are going to lose communication and relationship with the U.S. and Trump might even invade here. Remittances will be lost and Salvadoran citizens will return from the U.S.

 Recently, the Maquila workers are being forced to go outside with banners to support Arenas or they will lose their job s because the companies will go elsewhere.

Some of the candidates like Siman, has historically financed death squads. He wanted to give 11 cents for the minimum wage.  There is a call on the Supreme Court threatening us that they are going to invalidate us as an organization.

Institutions Ipartitas,  Tri-partisan when the right governed, they defended the employer, they never looked for the workers interests. These Ipartitas are the regulatory council of minimum wage salary, a labor training instutue, AFP manages pension funds Insafor  social security. Because of the FLMN is in power, we were able to infiltrate those ipartita.   2 years ago we had an achievement, we were able to increase minimum wage.  Previously workers in Maquilas would earn $250 a month and we were able to raise that to $292 dollars when they work 32 hours 2 times a week, 64 hours a week. The other workers we increased it for 300 it’s minimal, is not much but it’s an advance. Another fight is the pension system pension. It was privatized in 1996. Teachers will get 243 a month once they retire when they used to get 1000 dollars a month. We created proposal for reforms but deputies from the Right never read it and the Left has very small amount of deputies.

I am a teacher I have 26 years teaching and worked in rural areas. My students were with no shoes and walked 3 kilometers to school.  They would remove their shoes and hang them from their necks with the shoelaces so that they would not to ruin them and would often play soccer barefoot.  It is difficult to learn when hungry. From there I came to the city and saw that they were falling asleep because they were hungry.  Also, in the camp the girls at the age of 10 would exit school because they would have to make tortillas and cook for the working men.  2009 FMLN enters, and we started to see kids being covered with basic needs like nutrition. We now have different packages.  2010 enters the first package two pairs of shoes, notebooks, pens, pencils and two uniforms. 485,000,000 of funds are needed to cover these packages towards small business instead of maquila factories. We don’t buy this from the maquilas we get them from the small community businesses.  The other program is one laptop one child. There is 719,9822 children, and  43,223 laptop. Laptops are made here in El Salvador, almost 2000 schools and there is 5000 total in the country.  Since 2009 there is a food program, two covers breakfast and lunch and so far, it has reduced 42% of malnutrition. Additionally, we want to reduce illiteracy rate which is 330,000in El Salvador and from this, 222,239 are women. To this point 92 municipalities are free from illiteracy.

12:00 Lunch

1:30-3:00 pm Supreme Court Judicial Overreach Salomon Padilla

Salomon Padilla Lawyer and former Magistrate of the Supreme Court

“Good morning welcome to El Salvador! I want you to feel at home and thank you for the opportunity to explain the actual situation of the Constitutional Chamber of the Supreme Court. My name is Jose Salomon Padilla. I was president of the Judicial branch for 14 months. Working therefor that time, I was able to learn a lot of their function. El Salvador counts with 2 models of constitution. Since 1991 the chamber supreme is made of 5 magistrates that are elected by the legislative assembly. 15 members need to be renovated by 5 every 3 years. In 2009 there was elected 4 of 5. 4 went to the constitutional chamber.  It’s been these four members in 2009 and they have deformed the constitutional justice in this country. I will talk about the justice of this country.  The judicial insecurity is violating the civil, political, and human rights as well as taking other functions that other organizations of the state should have.  In El Salvador the tribunal that needs to defend the constitution and we see that instead it violates the constitution. Famous philosophers German Philosophers Nietzsche and Kant said you have killed morality by using morality.  In El Salvador they use supremacy not in the terms as in the U.S. Alexander Hamilton and James Madison said they had to hold onto that norm, but here, they are using the constitution on their own and not using what is in the constitution. In the traditional theory, in powers what Madison and Hamilton is what made us go forth. We will talk about insecurity, superpower.   4 judges that it has they don’t work, they act with superpower.  They are unjust. In 2012 on article 32 it says that they cannot be judged they signed it with the date of 2012 and their signature is on the constitution.  There was a lawsuit on them for their doings because it’s unconstitutional. When they took office in the elections of magistrates in 2009, two were not elected in the rightful order for them to be elected, every 3 years the assembly will choose 30 names of possibilities, 15 come from the national judicial board, and another 15 from lawyers association then they add and make a general list and is sent into the assembly.  Two of them Rodolfo Gonzalez and Belarmino Jaime were included in the list 2 days prior to the election. Since 2009 in many cases, they made laws of constitutional proceedings that does not allow you to suspend the law that is being challenged.  In normal cases there is a legal term called an amparo and not an appeal.  There is a process of reforms normally but the chamber now says let’s make this or this is now going to say this.  This is called Constitutional Mutation. The chamber makes sentences by violating human rights by usurping other organizations functions of the assembly.  They inquire other parts of the state to violate the constitution. For example, article 676 of 2017 violates the rights for the process of amparo an injunction that is separate from a sentence or a ruling. 

One of the leadrs of the FMLN is running for deputy there is a case against him.  They haven’t said you cannot run. The lawsuit against Jose Luis Medinoleder of FMLN candidate is read unconstitutional because of article 127 of the which says that you cannot be candidate to the legislative if the president, vice president, ministers of state, members in the military and judges. They are basing their case on the first part of the article but at the end it says: This people cannot be candidates if they had been in that position only 3 months before the election.  The chamber has made decisions that have placed the country in crisis.  In 2015 there was a lawsuit for a decree that authorized 9000,000 dollars was sold and was read unconstitutional. A case was brought for this.  But they said: We have our own reasons that it is constitutional since these bonds were passed by sub deputies from 2012 and 2015. They removed 84 deputies they do it in an arbitrary way.

In my case my election for the Supreme Court was declared unconstitutional because I had links to a political party.  In the constitution there is nothing saying that judges in general cannot have links to a party. On the contrary, it says to be exercising the political rights and article 72 of the constitution it advices you to associate and to be on political parties. I ask if there is going to be prohibition to do it as it is in the constitution in the correct manner and not to do it for arbitrary interpretation reasons.  It does say you cannot be a representative, do propaganda for the political party. Not only does it say that but that you cannot have material links from a political party.  Since 2009 until now, since the election of these four magistrates without doubt one national has been established.  If the problem were just the four, the problem would be almost gone because they are leaving in July.  The problem is about the new coming that can be the same or worse.  In the case of Ulises Rivas, they have not resolved he is a suspended magistrate because of the links to FMLN.

The chamber has been turned into a Superpower where it has decision of life or death. When a lawyer is told that she is unconstitutional because she is a leftist.  Do you think that in the private sector she will be employed?  That’s why many lawyers they don’t want to participate perhaps they do because the chamber did not define it. The judge for the chamber is the one who looks after the rights of the citizens making sure they are not violated and it is the same chamber that is violating human rights.”

Salomón Padilla and one of our delegates

5:00 pm Maternal Waiting House

Dr. Ernesto Flores Director of Maternal Waiting House Unidad de Salud Planes de Renderos

“This is a maternal leading house. It is a house where pregnant women come near their due date. The objective is to diminish births outside hospitals.  We guarantee patients a healthier delivery and decrease infant mortality. We offer examinations, transportation to the hospital and stay all free of charge. This started in Morazan in 2007 and now there is 21 in the country, this one being the first in San Salvador.  In their stay expectant mothers are offered nutrition, reproductive education and workshops for taking care of newborns. Expectant mothers do their own cleaning and cooking.  They share bedrooms and have visitations from 9-5.  So far in Latin America the lowest infant mortality is in Cuba at 4% next to El Salvador at 5%. Women live far away from hospitals and they rather save the $30 dollars charge for the delivery plus the health quota that was forced. These clinics are tools to reduce their deaths. It’s been reduced from 27-30% to 12%”

Considering that in El Salvador abortion is illegal and women who abort are given 30 years in prison whereas a murderer is given 7 years. And considering that the U.S. has legal abortion, we still see that expectant mothers purposely abort on the third trimester. Have you seen women using any of these facilities as gateways for abortion by claiming that they were getting the proper care and that perhaps it was a stillborn using it as defense given proper care?

“I cannot comment or give my opinion on that”

 

7:00 pm dinner

Day 2 February 27, 2018

7:30 am breakfast

8:30 Women and Youth Political Leadership Program

Lourdes Palacios- Sub-Secretary of Transparency and Anti-corruption

Her Statement is as follows:

“The program focuses by implementing 3 strategies which demands respect for rights, diminish violence and increases political participation.

1.       Transversal ideas that work is just not work, we implement gender training and teach in all levels of elections.

2.       Empowerment by teaching basic leadership to strengthen all areas developed in 3 different formations of political economy.It involves by understanding the causes of capitalism and how this is affecting us.

3.       Alliances, national and international by creating bonds with other social organizations.”

Rocio Ortiz- Communication manager

“Our job is extensive. There are 11 members divided in areas of work. Those areas include Formation of Politics, Arts, Culture, International Relations, and Women. We provide internships for students in the universities. We have diminished the percentage of the young from leaving the country. Currently, the youth live with a doubt and conformity with an excess to social media. Many young null their votes as a sign of rebellion. The youth secretariat has a counter strategy by implementing an opportunity by annulling their votes and giving direct access to the youth in all participation in the national convention. To be a mayor, the age limit is 21, to be a legislative deputy, the age limit is 25.

There are 3 fundamental components.

1.       Political formation. The youth is capable to understand history national and international including interpretation.

2.       Organizational capacity capable of organize from within the community and to be able to transform.

3.       Capacity to mobilize, it organizes and mobilizes to just causes.”

12:00 pm lunch

1:00 Meddling Elections at UNAJUD with Ulises Rivas

Ulises Rivas Lawyer Magistrate Tribunal recently ousted from the TSE

“Currently I am suspended from the constitutional chamber.  They say that I have links with parties. I appealed the decision. Our country voted for a party of flag and preference of a face. In 2014 without consulting there was a Cross vote has been established in which you can vote by marking 24 faces in a 240 face on the ballot.  It has caused for many civilians to annul  their vote and marking many faces. You can only vote for 24. Polling places close at 5pm. The day of elections when counting the votes it was 10 am and there were still many votes to count.  It took 17 days for recounting votes, it was very confusing. The organization of American states recommended to simplify the votes.  A lot of civilians do not want to work at the polling place because they feel that it is complicated and civilians are going to the court to excuse themselves from working at the poll or vote.  There has to be 3 people out of 5 in a polling post in order to have a valid poll. The problem there is a simulation for a count record and the company was not able to find the right solution for this complex problem the transmission of the vote count. The problem is now more political.  South Korea offered scanners with 1800 scanners that are able to pass the paper and read the paper by candidates and would give you the variables but many parties opposed to it.  10,000,000 was the cost of the scanners. We suggested technicians, engineers to look at the scanners.  The Constitutional Chamber said that these scanners are coming from North Korea when in fact, is from South Korea. With the scanners, it would simplify the votes. Now a company INDRA is the one who will help count the votes. The current problem is that there are some organizations who are inciting civilians not to vote on March 4.

  1. Can you talk more about how you evaluate the decision of the supreme court is making these rulings about elections?

“-the magistrates 2 of them did not follow the process how the law follows. They were elected by the presdent when in fact, they have to be elected by the assembly.  These magistrates were not elected the right way. Belarmino Jaime y Rodolfo Gonzalez are lawyers.  There is a process in which they have to be nominated.  A list of nomination has to be placed.  2 hours prior from the votes, Funes and Christiani had a discussion at their similar version of the white house and these two were elected in an irregular manner.  They will know about constitutional rights but lack electoral rights.  If civilians decide not to vote, you will need to respect.  What has been done with cross vote is to divide their vote.  Only Luxemberg, Domincan Republic and El Salvador has these complex voting systems.”

  1. what is the issue with the court is that factual incorrect or legal analysis?

“Our constitution regulates that all civilians under 18 can form a political party and vote. San Jose Pact from ONU state similar to the American Convection states that states must motivate civilians to vote, associate, or leave.  They come and say if one person is affiliated to one party is going favor or have interests. That is independent they can join other party if they want.  However, it is not permitted, judges should be impartial.  They understand but do not accept because of Judicial Political Activism.  We see to other latitudes in the U.S. things are done different.  In the U.S. it is permitted but it is not permitted here. I have many friends from other parties from the university but I am not going to resign my friends just because the constitution says to. This place is the Union of Lawyers for Justice and Democracy house of lawyers. On 2014 elections, we made 2 parties for Christmas and the National Day of Lawyers, in those parties we invited a few candidates from various parties.  Saca , and Quijaco. Also, Oscar Ortiz was going to come but the day of the party Sanchez Seren came and we welcomed him. We offered our support. It was about 600 lawyers and we took a video.  The video was published and was considered party links for me. It was said that I was his nephew but we are not related.  I have proof that I have never been a member of a political party or donor signed by the secretary of electoral tribunal.”

4:00 Las Febes

Ana Alicia Funes  ISSS Instute for social security public hospital.

Vilma Vazquez co-founder of Las Febes

Claudia Vidomina Escobar General Secretary of the Workers Union co-founder of the Febes

Liset radical journalist in charge of communication

Nilset Funes Directiva del centro nacional del registro

“Las Febes is an association for women from different sectors that decide to organize programs. We take the name of Febes because during the 80’s a strong woman, Elizabeth Velazquez had a lot of leadership, we took her name to keep her legacy.  She was assassinated during an attempt in October 31, 1989 in the FINASTRA headquarters. 10 men and women died.  This year is the symbol date we commemorate union activist. Our context Febes is an idea implemented by the syndicates which do not respond for women with the majority of women working and little participation in union movements.  We make an feminist idea with a clear class to re-indicate to a fight with a structural change with an economic change to change the patriarchal change.  We are leftist revolutionary women, strong women, feminist women. The objective is to go places that exist feminine workers to mobilize women in labor demands.  Makes sure they have political formation. The sectors, our jobs is the domestic sector.  We have been 3 years in the domestic worker’s union that can permit women to demand the assembly to ratify 189 convention and labor codes that can provide benefits and to have labor rights. Work in 3 sectors  for domestic workers, Informal sector is the majority women, ambulant workers, that responds to a neoliberal economy that has displaced them with precarious conditions. We worked with sex workers in 2011 that is another world that women for many years have worked to survive because of this, we almost completed this sector and had to stop. There was an attempt with one of our activists. Our job is risky because it is a sector that is surrounded by gangs in the organized crime. We are now trying to start this sector again. We have been supporting the women in maquilas it is a vulnerable sector.  It is a less vulnerable than the other two because there are rights already implemented but are still exploited.”

Given the past attempt and the obstacles when reaching sex workers, how is the organization trying to re-start the sector?

“We have a partner Ingrid, general secretary for sex workers who lived after being shot with five bullets.  Karla died. Sex workers have a relationship with the mayor’s office District 1 and 6. They have a small business in a colonial area to meet in small committees for protection.” 

6:30 pm Dinner