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Amnesty Against Justice? Historical Memory and Continued Polarization in Postwar El Salvador

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Amnesty Against Justice? Historical Memory and Continued Polarization in Postwar El Salvador UNIVERSITY OF CALIFORNIA, SAN DIEGO Burning Memory: Amnesty Against Justice? Historical Memory and Continued Polarization in Postwar El Salvador A Thesis submitted in partial satisfaction of the requirements for the degree Master of Arts in Latin American Studies by Megan Rose Horton Committee in charge: Professor Christine Hunefeldt, Co-Chair Professor Milos Kokotovic, Co-Chair Professor Nancy Postero 2015 The Thesis of Megan Rose Horton is approved and it is acceptable in quality and form for publication on microfilm and electronically: Co-Chair Co-Chair University of California, San Diego 2015 iii EPIGRAPH No se puede cosechar lo que no se siembra. ¿Cómo vamos a cosechar amor en nuestra República, si solo sembramos odio? - San Oscar Arnulfo Romero iv TABLE OF CONTENTS Signature page ................................................................................................................. iii Epigraph ............................................................................................................................ iv Table of Contents ................................................................................................................ v Acknowledgements ........................................................................................................... vi Abstract of the Thesis ..................................................................................................... viii Introduction ......................................................................................................................... 1 Chapter 1: Historical Overview ........................................................................................ 10 Chapter 2: Theoretical Framework ................................................................................... 51 Chapter 3: The Savage ...................................................................................................... 81 Chapter 4: The Victim .................................................................................................... 119 Chapter 5: The Savior ..................................................................................................... 148 Conclusion ...................................................................................................................... 169 Appendix A: Persons interviewed for this study ............................................................ 172 Appendix B: Original Spanish from interviews .............................................................. 180 References ....................................................................................................................... 209 v ACKNOWLEDGEMENTS I would like to thank my committee members for all their support over the past 2 years. Misha Kokotovich, without whom I never would have had a thesis topic, thank you for always being there to discuss everything El Salvador-related and give me much needed insight. Christine Hunefeldt, thank you for taking a chance with an unknown student and always wanting the best out of all your students. Nancy Postero, my theory and human rights guru, thank you for being not only a wonderful advisor, but also a compassionate person. I am deeply grateful for the academic guidance and contributions from all of you. I would also like to thank my Latin American Studies cohort- Vero, Eli, Sara, Daniel, Christa, Claudia- as we have been through this whole crazy process together- Adelante compañer@s. And a special thank you to Brittany Wright, graduate coordinator, who has helped motivate me throughout the thesis journey. Also within the UCSD community, I would like to thank my friends at IR/PS, who have made these years much more fun. Additionally, to the educational community at the Dimensions of Culture program, who have enriched this past year and helped me grow academically and professionally. In conducting this study, I would like to thank all those who I had the pleasure of interviewing. Despite differences in perspective, each of you is unique, intelligent, and your opinions are what make the country what it is. Thank you for letting me into your worlds, however briefly. An additional thanks to my community of friends in El Salvador, many of whom I’ve known for almost 10 years now. You make going back to vi San Salvador always feel like going home. To Juan and María- thank you for opening your home to me in July, and for your continued friendship over the years. Beyond the walls of academia, I would like to thank my family for all their support. To my mother in particular- thank you for your unconditional love and support, throughout the hardships and anxieties. To my hermanas del alma- Tedde, Colette, Rosie, Erin, Laura, Danielle, Helene- my time in El Salvador started with you, and man, have we been through it all. I truly cherish our friendships and love you all. To the team at Fe y Alegría Zacamil- to all the students and teachers, Héctor, and Paty- you made my three years living in El Salvador mean something tremendous, an indescribable, amazing, difficult, wonderful time. To the team at CEJIL and all the human rights defenders who I have gotten to know over the past 5 years- thank you for opening my eyes to the world of human rights litigation, for all your strength, you are amazing people who are fighting for the rights of other amazing human beings. No dejen de ser una inspiración y un ejemplo de la dignidad para todos los seres humanos. vii ABSTRACT OF THE THESIS Burning Memory: Amnesty Against Justice? Historical Memory and Continued Polarization in Postwar El Salvador by Megan Rose Horton Master of Arts in Latin American Studies University of California, San Diego, 2015 Professor Christine Hunefeldt, Co-Chair Professor Milos Kokotovic, Co-Char This study looks at the different collective memories towards the human rights violations that occurred during the Salvadoran Internal Armed Conflict. I argue that these divisive memories have contributed to ongoing polarization and a lack of reconciliation in postwar El Salvador. Utilizing Maurice Halbwachs’ term and theory of collective memory, in El Salvador these memories have grouped along Civil War lines. Those who adhere to the right-wing discourse, and were generally in favor of the Armed Forces during the war, have tended to adhere cling to the “forgive and forget” option of transitional justice. Those who are left-wing, and may have either been in favor of the viii FMLN guerrillas during the war, or who were victims or family members of the military’s atrocities, have tended to champion the “prosecute and punish” option. This study analyzes perspectives and memories of and towards the victim, the victimizer, as well as outside forces that were a part of the Armed Conflict. This study is based on 5 weeks of intensive interviews and participant observation in San Salvador, El Salvador, as well as continued monitoring of Salvadoran news throughout 2014 and 2015. Through this analysis, I found that despite polarization, there are no clear-cut lines of who falls into each category, and collective memory still remains entrenched in the Armed Conflict. ix Introduction “Terror is the taproot of Guatemala’s past and stalks its present” - Linda Green (2004) In the 1980s, Central America was embroiled in Civil Wars. From the Contra War in Nicaragua, to the decades-long terror in Guatemala, repression stalked the region. As Linda Green (2004) above described Guatemala’s situation, the case of El Salvador is no different. In the war between the leftist guerrillas (FMLN) and the Salvadoran Armed Forces (supported and trained by the United States) repression was the modus operandi. Similarly to Guatemala, fear was the motor of oppression, and it was used to silence any opposition (Green, 2004). Then in the 1990s the wars ended, “peace” was achieved, and the international community moved on in its fight to save other countries from their own atrocities. The political landscape changed to a budding democracy, with the two major political parties emerging from the Civil War context. Violence re-appeared in new forms with transnational street gangs vying for power and control in the chaotic postwar society. Yet the legacy of the gross human rights violations of the Armed Conflict still permeates Salvadoran society, and the question remains if national reconciliation has been achieved. As the year 2013 came to a close, the polarizing issue of amnesty re-surged onto the national scene. In September, the Salvadoran Supreme Court agreed to review the Amnesty Law of 1993, which prevents the prosecution of human rights violations that occurred during the Armed Conflict. Two weeks later, on September 30, Tutela Legal del Arzobispado de San Salvador (the human rights and legal aid office of the Catholic 1 2 Church in El Salvador) was abruptly and arbitrarily closed by the Archbishop of San Salvador. Tutela Legal was created in 1982 by Archbishop Rivera y Damas to continue the church’s effort to protect human rights (previously championed by murdered Archbishop Oscar Romero). After the war ended in 1992, Tutela Legal continued its work in defense of human rights, and began fighting for justice for some of the violations that occurred during the war, such as the case of the Massacre at El Mozote, which was brought before the Inter-American Court of Human Rights in 2012. The initial reasoning behind Archbishop Escobar Alas’ closure of Tutela Legal was that that the organization’s work was no longer relevant. The Archbishop said that
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