Mickel Jackson | El Salvador’s approach to gang violence should be rejected, not romanticised

Jamaica continues to grapple with a staggering crime rate – 762 lives have been lost as of August 2024 and a grim homicide rate of 60.9 per 100,000 people. Our society is at a critical juncture, facing the temptation to embrace ‘Bukelism’, an approach championed by El Salvador’s President, Nayib Bukele. While proponents hail its success in drastically lowering homicide rates, Jamaicans must scrutinise the hidden costs of such a strategy.

‘Bukelism’ is not merely a crime-fighting tactic; it embodies a dangerous shift towards authoritarianism, replacing gang violence with a more insidious form of state-sanctioned oppression. The key to Bukele’s relative ‘success’ in dismantling gangs include the use of extreme legal measures that assault constitutional protections; a loose interpretation of gang association; and the concentration of political and executive power. When Jamaicans speak of “adapting the Bukele model”, we should also consider the allegations of cutting secret deals with gangs, or laws that oust judges and prosecutors by way of ‘early retirement’ to have a stacked court to ram through constitutional changes.

The Salvadoran state of emergency (SoE), extended month after month since 2022, has seen grave injustices, such as mass trials involving up to 900 individuals – ‘trials’ lasting only minutes. By forcing individuals to be judged collectively, the state unjustly targets innocent people based on shared regional origins or alleged affiliations with gangs. Any young man can be scraped up by the police without access to legal remedies. In fact, during the prolonged state of emergency, El Salvador’s incarceration rate has soared to 1.7 per cent of the population, meaning one out of every 60 residents is imprisoned.

The iron-fist of the self-styled ‘world’s coolest dictator’ is not without self-serving gratification. President Bukele’s 2021 constitutional amendment has already facilitated his consecutive presidential re-election. This manoeuvre defied the explicit language of the constitution and is perhaps a first step for the possibility of indefinite re-election. In cementing his concentration of power, the president has also silenced dissenting voices, including political opponents, journalists and human rights defenders.

TAKE A HARD LOOK

Jamaicans should take a hard look on whether we are already headed down the Bukele path. For example, the recently passed Bail Act and its pre-charge provision allows a person who has not been charged with a criminal offence to be placed on bail conditions or detained for up to a year – not based on evidence but on ‘intelligence’. Under this new regime, the police have wide powers to impose bail conditions for more serious offences, largely in the absence of judicial scrutiny, at least for six months. Conditions may include citizens being asked to report to the police station or incur expenses to pay a bail bond. The lengthy pre-charge detention is, however, within the court’s authority.

Let’s examine further. With the parliamentary opposition not supporting an extension of the SoE in November 2021, a statement was made by the prime minister of Jamaica indicating a desire of redefining the distribution of two-third voting requirement for the Emergency Powers Act where he could extend the SoE at his will. It is the memory of the prime minister’s statement that made me review the proposed election process of the recommended non-executive president with much scepticism. In fact, the proposal from the Constitutional Reform Committee (CRC) should be soundly rejected as the ‘process’ will always see the prime minister getting his or her president. Why is this a concern within the context of the PM’s 2021 statement?

The CRC recommends that the Senate be increased from 21 to 27, with the ruling party nominating 15 members, the Opposition nominating nine, and the President (which, given the current CRC recommendations will ultimately be appointed by the PM) nominating three. Unlike the 1990s recommendation that upheld the two-third principle in senate, the CRC’s proposal debatably allows for a situation where the ruling political party can sideline the parliamentary opposition. While the CRC does state that amendments to entrenched provisions will still require at least one opposition member, this is not sufficient to address the broader concerns regarding the curtailment of government power, especially when it comes to the suspension of rights. For instance, would it be permissible for the extension of SoEs to occur without any opposition input, solely at the discretion of the Prime Minister, his political party and his President?

We also have been hearing about the Enhanced Security Measures Act (ESMA). However, what exactly is the Andrew Holness-led Government proposing? In November 2022, the Prime Minister indicated that “..this Bill will include provisions for detention, for the establishment of a criminal watch list and the use of control orders.” The sensitive balance between civil rights and national security will be shifted as these types of anti-terror laws, the likes of which is seen in the United Kingdom, really entail the deprivation of liberty of a person not convicted or charged with any criminal offence. Provisions of this nature will likely see limited rights of appeal and absence of double jeopardy restrictions, thereby allowing for multiple consecutive orders for an individual not charged with any offence.

In November 2023, then Information Minister, Robert Morgan, indicated that the government’s decision to delay the tabling of the ESMA in Parliament was due to issues regarding constitutionality of some sections. This should be a welcomed statement. However, given we have a government that is not necessarily shy about testing the limits of the constitution, one must be cautious about the proposals to come in phase two of the constitutional reform process as the Government reviews the Charter of Fundamental Rights and Freedoms.

WATCHFUL EYE

Jamaicans must maintain a watchful eye on proposed legislative reforms that may appear innocuous but could surreptitiously chip away at our civil liberties. We must be minded that no country can adopt the Bukele model without trading off democracy. No country can adopt the Bukele model without creating a perfect storm of extended military powers and institutional impunity. History has shown us that shortcuts in the name of expediency can lead to grave injustices, including wrongful detentions, abuse of power, and systemic violations of human rights.

Further, while our leaders fawn over the Bukele model and its purported successes, one can’t ignore that the El Salvadoran government’s own statistics contradict Bukele’s self-congratulatory triumphs. A leaked report from the Salvadoran National Police raises the question as to the number of non-gang citizens incarcerated, the number of gangs actually dismantled and how many still remains. There are also credible reports from international agencies that suggest the murder rate is actually underreported.

El Salvador’s flawed approach to gang violence should be rejected, not romanticised. Jamaica should focus on constitutionally sound legislative and policy reforms that equip our law enforcement with the necessary resources to effectively combat crime. This includes strengthening witness protection programmes, fostering greater public confidence in initiatives like Crime Stop, and leveraging technology such as CCTV cameras to enhance safety. Additionally, addressing contraband in prisons and the illegal entry of firearms must be prioritised to dismantle the networks that fuel criminal activity.

Crime is a multifaceted issue that requires thoughtful, long-term policy reform. Sustainable solutions must be rooted in a deep understanding of the social, economic, and political factors contributing to crime, rather than temporary measures that may infringe upon civil liberties or empower those in positions of authority to abuse their power.

Mickel Jackson is the executive director of Jamaicans for Justice. Send feedback to communications@jamaicansforjustice.org and columns@gleanerjm.com