Author: Yadira Sánchez-Esparza
It isn’t safe to go outside—a thought crossing the minds of Salvadorans across the country as news broke on March 27, 2022 that gang violence had killed over 60 people, including innocent vendors, bus passengers, and shoppers. Later it would be revealed that this horrific event was a result of a breakdown of covert negotiations between the Bukele Administration and gangs. That same day, a state of emergency was imposed by the Bukele Administration to curb outbursts of violence. Yet, far from being a temporary measure, one year later, the state of emergency remains in place. While gang-related homicides have fallen under the state of emergency, over the course of the year, the Bukele Administration has stripped away the fundamental rights of Salvadorans month by month.
El Salvador is no stranger to this “mano dura” method to combat gang violence. Previously, such methods were in tandem with efforts to expand prevention and reintegration programs. However, this new model is a complete and total reliance on militarization, violence, and fear. As of today, the Bukele Administration has imprisoned over 65,000 people due to their alleged ties to gangs, even minors are being swept up by this wave of criminalization. Not only has legislation passed allowing children as young as 12 to be charged for gang affiliation, but young people living in marginalized neighborhoods are increasingly targeted for arbitrary detentions by police.
Keiry Molina, a 46-year old trans woman, is one of many LGBTQ+ individuals who is facing increasing danger. After anonymous tips, the well-known community hairdresser was arrested under alleged extortion charges that later were changed to “unlawful association.” Much like other innocent people who are imprisoned, she is unable to see her family. Keiry’s niece shared, “Don’t be fooled–not all the people detained under the state of of emergency are criminals.” –As reported in Open Democracy. |
These unjust practices of arbitrary arrests are also translating into other parts of the justice system. After 72 hours of being detained, Salvadorans are supposed to be released if there is not sufficient evidence. Those who are released are not unscathed from the emotional and physical trauma of being imprisoned. But rarely does this happen. Instead, there are mass arraignment hearings with up to 400 people, those being tried sometimes even not being present.
Before the state of emergency El Salvador notoriously already had the highest incarceration rate in the world. With so many individuals being detained, El Salvador began constructing its Terrorism Confinement Center, also known as its’“mega prison.” Bukele and the media alike have touted this project as the biggest prison in the Americas, and some even say in the world. In 2023, the prison was completed and began moving its first 2,000 inmates in February and another group of 2,000 in March. The justice minister declared that these inmates will “never return to the streets.” The narrative around this mass incarceration is clear on Bukele’s Twitter: all who are arrested are guilty and those who are guilty do not have rights. The Financial Times calculated that if the prison does increase its full capacity to 40,000, each inmate will have 0.6 square meters within shared cells, in some countries even livestock are legally required to have more space.
In this chaos, Salvadoran women have been forced to take on the responsibility of ensuring that the children, families, and community persevere. After the first state of emergency was implemented, mothers, wives, girlfriends, and sisters were fearful of what their futures would look like as they would be forced to care for themselves and their children alone. At the same time, they had no idea what was happening inside the prison walls. There was a lack of information that many women did not even know where their loved ones were being held. Lawyers and humanitarian organizations often do not have access to the people being held. And so, across the country women were forced to travel long distances, leaving children, work, and safety behind, to locate and then attempt to defend their loved ones’ innocence.
In response to the arbitrary arrests and harsh prison conditions, some family members are joining movements like the Movement of Victims of the Regime (MOVIR). Yamileth Zavala from MOVIR shares an all too common experience. “We are not defending criminals, because none of the family members here have a criminal.” By speaking out both in the streets and on social media about the injustices their family members are facing they are putting themselves in danger of being targeted. –As reported by TeleSur. |
The women of El Salvador bear hidden burdens under the state of emergency. Young women in El Salvador who live in gang-controlled neighborhoods are often forced to navigate predatory behavior from both the gangs and police. There is often no decision besides leaving that will allow them to live a life free of violence. Women who are arbitrarily detained are forced to navigate the inhumane conditions of Salvadoran prisons while navigating motherhood, whether being incarcerated while pregnant or leaving children behind. In 2021, the number of women in Salvadoran prisons was close to 2,000. As of October 2022, 7,500 women have been detained; one of these thousands of women who were rounded-up was Karla García, a pregnant teenager. After two months of being wrongfully incarcerated, Karla lost her child, which as reported showed “how her rights both as a young girl and mother were violated.” Those who carry out their pregnancies while detained are forced to give birth while in Salvadoran prisons, which are notorious for being overcrowded and underfunded. Mothers are also forced to leave behind children who may not have any other family, support, or protection.
These stories show that this militarized response is not a humane way to build a society where people are not victims of gang violence. Indeed, it can be counterproductive. Youth who were previously not involved in gang activities will be forced to join once imprisoned with gang-affiliated detainees. We cannot forget about those who may have committed crimes but already served time, such as women who were forced to work as “drug-mules” who have completed their sentences but are being detained once again. Gang members and those who were at one point affiliated need a path to leave and rehabilitate back into society. Government, faith-based, and other civil society programs to rehabilitate former gang members and prevent youth from joining gangs are undercut by the constant arbitrary detentions.
Many supporters of Bukele’s state of emergency see his approach as only affecting those in gangs. But human rights groups have seen this as one of many steps towards authoritarianism. The government’s efforts to control gang members are accompanied by measures to silence civil society activists and journalists. Now, the Penal Code states that those who “reproduce and transmit messages from or presumably from gangs that could generate uneasiness or panic in the population” can face 10 to 15 years in prison. While journalists want to report the day-to-day realities to their own communities and internationally, a simple message on WhatsApp could land them in prison. This has instilled a fear causing journalists to flee into exile and has forced media to self censor. These negative attitudes towards journalists and those who speak out against the human rights abuses have reverberated throughout Salvadoran society, creating a false narrative that journalists reporting on the impact of the state of emergency are gang “sympathizers.”
Salvadorans have reported that the streets feel safer. Certainly, there has been an at least temporary drop in some crimes, including homicides–and Salvadorans’ relief at decreased gang violence is completely understandable. But this is a short-term solution and has come at the cost of human rights and a healthy democracy. The new normal in El Salvador is characterized by Bukele’s cult of personality that is unwavering despite constant international criticism from human rights organizations. Bukele is abusing his power in order to target his political opponents and further solidify his control over other branches of government. He packed the courts with supporters of his party, who have now ruled that Bukele will be eligible to run for a second term. Also disturbing is the arrest of various political opponents, including five environmental defenders who helped secure a metal mining ban, as well as other individuals who have been publicly critical of the president.
The state of emergency may temporarily reduce violence, but it is not a long-term solution. Individuals’ most basic and political rights have been suspended. This is a short-term strategy that lacks the intersectional tools to address the rehabilitation and reintegration of former gang members will not work. We also know that violence only brings more violence. This militarized approach leaves no space to respect the rights of its citizens or for an effective public security strategy. On March 15th, 2023 the state of emergency was extended for the 12th time. It will not end here.