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Twelve-year civil war and the formation of MS-13
El Salvador has long been a locus of democratic instability, resulting from deeply rooted social, political, and economic insecurity within the country’s institutions. Even before the twelve-year civil war began in 1979 between the government and the left-wing Farabundo Martí National Liberation Front, it faced a multitude of issues. Now, this small Central American nation is dealing with threats to its democracy and central authority. After the civil war, Mara Salvatrucha (or MS-13) emerged as a small gang of Salvadorian nationals who had fled the conflict. They arrived in Los Angeles, California only to face extreme social marginalisation. Subsequently, they formed a defensive coalition and soon expanded throughout the United States and back into El Salvador. MS-13 is notorious for their extreme violence and extortion amongst citizens. Homicides and mutilations are amongst many of the practices which they frequently enact against other gangs and civilians to spread fear and grow their influence within the country.
Transitional justice in El Salvador
According to the United Nations’ terminology, ‘truth’ describes events which have occurred, whereas ‘accountability’ refers to the obligation that the authorities have to take responsibility for said events. The post-Civil war experiences of El Salvador indicate a lack of both accountability and truth, which explains why the conflict has never been fully eliminated, and is currently reigniting. Many deciding factors within Latin America have played a crucial role in the development of the transitional justice paradigm. The amnesty law passed in 1993 saw a rise in impunity and failed to enact justice. Furthermore, the UN pushed for a pro-peace agenda, rather than one of pro-accountability, which in conjunction with high levels of impunity, resulted in considerable inaction. This, together with incomplete initiatives lacking information about death tolls and other crucial figures, has left El Salvador with an unstable post-conflict situation. However, the successful peace process brought with it a shift towards a prioritisation of human rights within the country. Though El Salvador pioneered gender-specific investigations, the transitional justice paradigm highlighted the need for post-conflict accountability in the face of the amnesty law and impunity.
Human Rights Issues
El Salvador faces several human rights issues, including violence and crime, impunity and a lack of fundamental human rights. It has one of the highest homicide rates in the world, mainly as a result of the domestic control that gangs such as MS-13 have consolidated. Mara Salvatrucha and Barrio 18 are the two main gangs, inciting the majority of the violence which affects both citizens and members of law enforcement. The fear and uncertainty linked to this insecurity undermines people's right to life, security, and liberty. In addition, there have been several reports of extrajudicial killings carried out by security forces and gangs. During the civil war and in the years afterward, security personnel were involved in human rights abuses such as torture and enforced disappearances. Impunity remains a serious concern, as it allows perpetrators to go unpunished. This contributes to a culture of fear and lack of trust in the domestic justice system, which often leads to forced migration. Social and economic instability has led to discrimination, exploitation and trafficking which further perpetuate human rights issues. These problems are being fueled by the current government, which has failed to protect and promote human rights in favour of efforts to directly eliminate MS-13. Freedom of expression for citizens and the press has been greatly limited, restricting the work of journalists, human rights defenders, and social activists. The nation’s democratic status is undermined by President Bukele’s approach to countering the effects of transnational organised crime. In addition to the physical violence that MS-13 incites, gender-based violence is very common, putting women and young girls at risk of domestic abuse, sexual assault and harassment. Though attempts at legislation enforcement have been carried out, these efforts have been significantly challenged. Amongst other fundamental rights, reproductive rights for women in El Salvador are limited. Punitive laws criminalize abortion regardless of specific circumstances or cases such as rape, incest, and the mother's health. These laws result in dangerous illegal abortions, which can lead to extreme health risks or death.
Current situation
President Nayib Bukele, who came to power in 2019, has enforced an extreme military crackdown to control the expansion of MS-13. This has led to the imprisonment of over 60,000 civilians. The majority of these civilians are suspected of involvement with the gang, however many are supposedly innocent. Bukele has not allowed these prisoners access to lawyers or any other judicial support. These allegations against the President’s manner of dealing with the situation have produced mixed reactions. On the one hand, President Bukele is one of the few leaders in Latin America who has successfully dealt with the issue of gangs and transnational criminal organisations by enforcing his authority within the region. However, his success has come at the expense of many basic human rights, such as access to a fair trial and just treatment. Many citizens rejoice at the ability to walk El Salvador’s streets again without having to fear for their safety or face the threat of extortion from gang members. Simultaneously, however, many civilians worry about the treatment of sons and other family members in recently-built prisons developed to create sufficient capacity for the nation’s extreme number of arrests. This trade-off between security and human rights is one which is not foreign to the political and social issues that many leaders face. Though Bukele’s military-focused and authoritarian form of ruling has raised objections across the globe, criticism has come from countries which have long faced issues of transnational organised crime and fallen into a cycle of corruption and inaction. Bukele’s means of controlling the situation is not feasible and should not be used as an example to follow by other countries, however his determination to eliminate MS-13 and their extensive control within the country is undermined elsewhere in the continent. Countries such as Brazil, home to the largest transnational criminal organisation in South America, Primeiro Comando da Capital, have been witness to extensive cooperation and alliances between local authorities and members of the gang. This behaviour allows for deep-rooted impunity and inaction within the institutions that should be controlling these social issues that dualistically produce and contribute to the disorder of transnational organised crime.
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Alexandra is a member of the War Studies department at King’s College, London. She wrote this piece as part of her internship with Arts4Refugees to help her peer group understand the unique experiences of post-conflict communities. This article was edited by Cassia, a fellow student journalist from Oxford University. Backstory podcast interview with Bernadett Kalman from Swinburne University of Technology.
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