Regime of Exception in El Salvador: What paved the way for the controversial measure?
Notoriously known as the home of two of the deadliest gangs in the world (Barrio 18 and Mara Salvatrucha-13, El Salvador was synonymous to insecurity. After a raging civil war that left thousands dead or displaced, the reeling society tried to live under a new reality, a reality in which gangs terrorised citizens and paralysed cities. A new war came to be, one that lacked ideologies and instead capitalised on death and fear. By 2016, the level of violence surpassed the losses of the civil war era in which approximately 75,000 people were killed.
For years, political leaders with speeches of empty promises echoed during several campaign seasons. Gangs had become part of the social fabric of the country and combating the illicit groups became a priority for leaders. During 20 years in office, the right-wing party Alianza Republicana Nacionalista (ARENA) implemented a security plan based only on repression, which became known as “manodurismo” (strong hand). Then, the left - wing party, FMLN, tried something different. However, the solution they came up with was nothing short of controversial.
It has long been reported and known that during the first FMLN government (2009 - 2014) they found a way in which they could “take care” of the gangs issue. The solution: negotiations. Said negotiations legitimised the groups’ existence and epitomised the control the “terrorists” had over the government. The new modus operandi included prison privileges to some of the most dangerous criminals. In return, homicide rates were drastically lowered or killings would cease completely. Yet unsurprisingly, the problem was not solved. The frail truces did not survive long periods of time. As a result, crime rates eventually went up and the country returned to what seemed an inescapable truth of living alongside the gangs.
Like his predecessors, relative newcomer Nayib Bukele offered to reduce and combat crime. However, he omitted the ways in which he would achieve this goal. During the first days of his administration the number of homicides mysteriously dropped.Until January 2021, El Salvador had gone at least 37 days with no homicides, which was a big achievement considering that El Salvador used to be known as the “homicide capital of the world”. Bukele wasn’t doing anything different from previous governments and the lack of information about his security plan indicated that a new truce was being implemented. The new truce was not confirmed until August 2021 when it was revealed that Bukele negotiated with three gangs (Mara Salvatrucha-13, Barrio 18 Revolucionarios y Barrio 18 Sureños).
The Salvadoran Government claimed that the success of the decrease in homicides was due to the implementation of the Territorial Control Plan even though very little was known of the security plan. The strategy of the Government is focused on incrementing the budget of the Security Cabinet and deploying its propaganda machine to change the perception of insecurity. Since 2019, the budget of Defense has increased by 36% with the purpose to provide better equipment to the police and armed forces. Another part of the strategy of the Bukele Administration is to increase the number of soldiers. Currently, the armed forces take part in many public security tasks even though according to the constitution it’s illegal.
Nevertheless, nothing could predict that March 2021 was going to become the deadliest month of the decade. During the last weekend of that month, 87 homicides were reported. The increase in homicides and criminality also proved that the negotiations between the major gangs and the Government had halted or had broken, and gang leaders were pushing the Government for better benefits. It was also evident that the Government still didn’t have control over security and that gangs had the power to cause instability. The response of the Government was radical and outside democratic margins. Bukele in collusion with the pro government Legislative Assembly approved in March 27th, 2021 a regime of exception in order to grant special powers to the Executive. The regime of exception suspends freedom of assembly and association, plus the detained person’s right to be informed of the reasons for their detention, as well as the right to defence and due process guarantees. The police can also detain people without a court order and the maximum time for detention is extended from 72 hours to 15 days. Thanks to the implementation of the regime of exception, the Government can also intercept communications without a court order.
The regime of exception is proof that the Territorial Control Plan did not succeed in controlling criminality and gang related activity. Furthermore, the Salvadoran government had to implement extreme measures and restrict freedoms to reduce gang activity, but there’s no clear strategy so far as to what could solve structural causes that led to the creation of gangs in El Salvador.
Bukele’s security policy (if it could be considered as one) has affected the working class and marginalised population. The regime of exception has been used to empower the police and military to openly violate human rights with impunity, and it also echoes the most hideous atrocities committed by the State during the 1980s conflict.
The Salvadoran political system is rapidly returning to its authoritarian past and the use of force and repression will be used to attack the political opposition or social leaderships that have a critical voice.
*cover photo taken from Diario El Salvador