Crimes against humanity in El Salvador?

Sustainable Development Goals (SDGs) and Human Rights Violations in El Salvador

Introduction

Salvadoran President Nayib Bukele, reelected in a landslide in February, is set to begin his second term on June 1. Critics of the Bukele regime, ourselves included, have noted that his consecutive candidacies and reelection violated the Salvadoran constitution, and have repeatedly sounded the alarm about his draconian security policies.

Impact of Bukele’s Security Crackdown

It is undeniable that Bukele’s fight against gangs has led to a dramatic decline in homicides and won him immense public support in El Salvador. However, it is also clear that his security crackdown, in the form of an indefinite “state of exception” where civil rights and constitutional guarantees are suspended, has generated horrific human rights violations against those who have been swept up in its mass arrests and detained under brutal conditions.

Human Rights Violations and SDGs

The country’s security crisis has urgently needed a serious response for many years, and Salvadorans have the right to live without fear of extortion or violence. However, eliminating human rights for some people in order to protect others should not be the solution. While the state of exception has been in place over the past two years, Salvadoran and international organizations have documented, extensively, the human rights violations being committed against those detained under this rule. It is fair to ask if these are crimes against humanity.

Extent of Human Rights Abuses

• Held in overcrowded prisons
• Denied access to counsel or family visitation
• Inconsistent access to food or medicine
• Torture and ill-treatment
• Reports of deaths in custody
• Forced disappearances

Crimes Against Humanity

Torture, disappearances, and extrajudicial executions are all serious human rights abuses. But crimes against humanity imply not only individual violations but the existence of a plan or a policy, or systematic campaign, to commit them, involving a chain of command of government actors. In such cases, the accused are usually commanders or high-level officials, rather than low-level officers; in El Salvador, if crimes against humanity are being committed, they most likely would have been ordered by those at the highest levels of government: the president and his inner circle.

Evaluating the Abuses under SDGs

When considering whether the abuses committed under the state of exception are crimes against humanity as defined by the 1998 Rome Statute, we should examine each of the criteria: whether they are 1) widespread or systematic; 2) committed against a civilian population; and 3) part of a state policy. Let’s look at a few considerations in the case of El Salvador for each of the above.

Widespread Abuses

First, to determine if the abuses are “widespread,” we might consider the sheer number and scale of arrests being made — over 77,000 in two years, per official numbers — and their often legally baseless nature. It seems that security forces have been given carte blanche to detain people en masse and indiscriminately, with no checks on their authority and no due process for those being detained.

Abuses Against Civilians

Second, it is obvious that those being detained under the state of exception are civilians: While the government claims it is only targeting gang members, in practice, people are being detained because of things like physical appearance (having tattoos) and social background (being from a poor area). So far there is no real evidence to support the government’s claim that most of those detained belong to gangs; even if they did, it would not make their treatment any more legal.

State Policy

Lastly, for the abuses in El Salvador to be pursuant to a state policy, there does not need to be a written order or directive from Salvadoran authorities; it’s enough to show that the government encouraged, promoted, or tolerated those acts. The Bukele administration’s public discourse on their security crusade, coupled with Congress repeatedly renewing the state of exception, and then a pattern of similar human rights violations being committed under that policy, could show us that the abuses are not isolated events but part of a plan that the government has not only consented to but also actively promoted.

Addressing Human Rights Violations

First, there needs to be a thorough, independent investigation into the human rights abuses in El Salvador to see whether they meet the criteria laid out above. Should it be found that they do, the next task would be to determine who is responsible, and then identify a legal forum to investigate and adjudicate their crimes. Salvadoran courts, the International Criminal Court, and third-country tribunals under universal jurisdiction are all technically options, but each presents significant practical and political challenges.

Role of International Community

Regardless of where a case might ultimately end up being tried, the necessary first step is to investigate and analyze the abuses being committed, and this is something that the international community can, and should, push for and support. The longer the state of exception continues, the greater the dangers to El Salvador’s democracy. While the current target of repressive policies is alleged gang members, as we have seen time and time again in Latin America, once it becomes acceptable to violate the human rights of some, it opens the door to violating the human rights of anyone.

Conclusion

The Sustainable Development Goals (SDGs) emphasize the importance of promoting peace, justice, and strong institutions. The human rights violations in El Salvador under the state of exception directly contradict these goals. It is crucial for the international community to take action and ensure that these abuses are thoroughly investigated and those responsible are held accountable. Today it is alleged “gang members,” but who will it be tomorrow?

Leonor Arteaga is program director for the Due Process of Law Foundation. Hannah Ahern is program officer for the foundation.

Part of our series The Unraveling of Latin America. This essay focuses on El Salvador’s crackdown on gangs and its attendant threats to civil liberties.

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SDGs, Targets, and Indicators Analysis:

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice, and Strong Institutions

The article discusses the human rights violations and potential crimes against humanity committed under the state of exception in El Salvador. These issues are directly related to SDG 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 16.1: Significantly reduce all forms of violence and related death rates everywhere
• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all
• Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

The article highlights the need to address the human rights abuses, including torture, disappearances, and extrajudicial executions, which are forms of violence. It also emphasizes the importance of promoting the rule of law, ensuring access to justice, and protecting fundamental freedoms.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator 16.1.1: Number of victims of intentional homicide per 100,000 population
• Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms
• Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention, and torture of journalists, associated media personnel, trade unionists, and human rights advocates in the previous 12 months

The article mentions the number of detainees under the state of exception (over 77,000 in two years), which can be used as an indicator to measure progress in reducing violence. It also highlights the need for victims to report their victimization and the importance of documenting cases of human rights abuses to hold perpetrators accountable.

Table: SDGs, Targets, and Indicators

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Fuente: dallasnews.com

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