El Salvador
El Salvador, officially the Republic of El Salvador, is the smallest and the most densely populated country in Central America. Recent reforms prompted by the assumption of the presidency of President Bukele and the supermajority of his Nuevas Ideas government have sparked concern among the international community that the political landscape is moving back towards authoritarianism less than 30 years after emerging from dictatorship.1https://www.reuters.com/world/americas/el-salvador-present-constitutional-reform-plan-this-weekend-2021-08-26/; https://www.hrw.org/news/2021/09/02/el-salvador-new-laws-threaten-judicial-independence; https://sv.usembassy.gov/salvadoran-re-election-ruling-undermines-democracy/; https://www.opendemocracy.net/en/democraciaabierta/autocracy-el-salvador/
According to a 2021 pre-election survey conducted by University of Central America’s Institute of Public Opinion (Instituto Universitario de Opinión Pública (Idupop) Universidad Centroamericana José Simeón Cañas), 19.8% of the population are atheist or hold no religious beliefs, 43.3% are Catholic, 33.9% are evangelical Protestant.2https://uca.edu.sv/iudop/wp-content/uploads/PREELECTORAL-2021-NACIONAL.pdf A further 3% belong to other religious groups, such as Jehovah’s Witnesses, Mormons, Muslims, Baha’is, Jews, Buddhists, and the International Society of Krishna Consciousness. A small segment of the population adheres to indigenous religious beliefs, with some mixing of these beliefs with Christianity and Islam.3https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador/#:~:text=EXECUTIVE%20SUMMARY-,EXECUTIVE%20SUMMARY,prohibits%20discrimination%20based%20on%20religion. Reports indicate that the historical dominance of the Catholic Church is diminishing as followers of Protestantism rise.4https://www.laprensagrafica.com/lpgdatos/Hay-mas-evangelicos-que-catolicos-en-El-Salvador-20171031-0067.html
| Constitution and government | Education and children’s rights | Family, community, society, religious courts and tribunals | Freedom of expression advocacy of humanist values |
|---|---|---|---|
| Severe Discrimination |
| Systemic Discrimination |
| Mostly Satisfactory |
| Free and Equal |
Constitution and government
The Constitution5https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072857074_archivo_documento_legislativo.pdf (in Spanish); https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en (in English) and other laws and policies guarantee freedom of religion or belief, as well as freedom of expression, freedom of assembly, and freedom of association.
The Constitution states that all persons are equal before the law and prohibits discrimination based on nationality, race, gender, or religion.
The Constitution states members of the clergy may not occupy the positions of President, cabinet ministers, vice ministers, Supreme Court justices, judges, governors, attorney general, public defender, and other senior government positions. Members of the clergy may not belong to political parties.
Children’s right to the freedoms of thought, conscience and religion are protected under Article 98 of the Law for the Protection of Childhood and Adolescence (Ley de Protección Integral de la niñez y adolescencia – LEPINA).6https://www.ilo.org/dyn/travail/docs/1743/ley_ninez_el_salvador.pdf
Official symbolic deference to religion
The concept of a deity is present in national symbols, including the preamble to the constitution, and the State’s motto “God, Union, Freedom”. The second Sunday of December is designated as the National Day of the Bible.7https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_073336436_archivo_documento_legislativo.pdf; https://historico.elsalvador.com/historico/551547/diciembre-el-mes-de-la-biblia-2.html The 23rd November is observed as the National Day of Prayer.8https://www.asamblea.gob.sv/decretos/details/1528
In May 2020, President Nayib Bukele9https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410 used his powers of presidential decree to declare the 24 May a national day of prayer, for those who wished to observe it, stating,10https://www.bibliatodo.com/NoticiasCristianas/presidente-nayib-bukele-declara-el-24-de-mayo-dia-nacional-de-oracion-en-el-salvador/ “God will heal our land and allow us to defeat the pandemic which is affecting the world at large.”
Since assuming the presidency in 2019, Bukele has encouraged prayer in several messages. In August 2020, Bukele once again used his powers of presidential decree to designate 10 August as a national day of prayer stating, “[a]lthough there is never a bad moment for prayer, this decree is an effort for all Salvadoreans, should we wish to, to join together in prayer at the same time and with the same request: that God heals our earth.”11https://diariolahuella.com/nayib-bukele-decreta-la-fecha-del-10-de-agosto-como-dia-nacional-de-oracion/ Months later in November, as storm Iota loomed on the horizon, Bukele declared another voluntary day of national prayer, seeking protection.12https://www.prensalibre.com/internacional/unamonos-en-oracion-bukele-decreta-dia-nacional-de-oracion-en-el-salvador-ante-la-tormenta-iota/
The erosion of secularism?
In July 2021, the legislative assembly passed an amendment to the Law on Patriotic Symbols13https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072904667_archivo_documento_legislativo.pdf to include the phrase “Placing our faith in God” (“Puesta Nuestra Fe en Dios”). The amendment ensures that the phrase may now be placed on the walls of State buildings and rooms.14https://www.laprensagrafica.com/elsalvador/Diputados-aprueban-que-frase-Puesta-nuestra-fe-en-Dios-sea-incluida-como-simbolo-patrio–20210721-0015.html
In response to criticism, a minister reportedly explained that “[t]he presence of God is something personal, there is no intention of forcing anyone to believe because we live in a free country [..] It is to leave a mark among the deputies who now represent this legislature.”
Religious privileges and exemptions
The Constitution grants special and official recognition to the Catholic Church and exempts it from governmental financial oversight (Article 26).15https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador
Under the Constitution all religious groups – other than the Catholic Church – may apply for official recognition. The law grants tax-exempt status to all officially recognized religious groups. Regulations also make donations to officially recognized religious groups tax-deductible. The same advantage is not extended to comparable non-religious groups.
By law, the Ministry of Governance has authority to register, regulate, and oversee the finances of nongovernmental organizations (NGOs), non-Catholic churches, and other religious groups.
In February 2021, it was reported that the government would discuss a motion to amend the Constitution to afford the Evangelical Protestant Church the same recognition as that of the Catholic Church.16https://www.elsalvador.com/recomendados/jose-andres-hernandez-diputado-arena-propuestas-reforma-constitucional/802952/2021/ No other religion or belief groups are thought to be under consideration at this time.
Education and children’s rights
Public education is secular and there is no religious education component. Private religious schools operate freely without government support or funding. Schools may not discriminate admissions on the basis of religion (Article 58 of the Constitution). Under Article 98 of LEPINA, children who attend private religious schools should respect the practices and teachings of the religious group running the school.17https://escuela.fgr.gob.sv/wp-content/uploads/Leyes/Leyes-2/LEY-DE-PROTECCION-INTEGRAL-DE-LA-NI%C3%91EZ-Y-ADOLESCENCIA.pdf (in Spanish)
All private schools, whether religious or secular, must meet the same standards to obtain Ministry of Education approval.18https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador
Repeated calls by legislators to require the reading of the Bible in schools have consistently been rebuffed, most recently in 2019.19https://historico.elsalvador.com/historico/659897/nuestro-estado-es-laico.html; https://www.laprensagrafica.com/elsalvador/Proponen-nuevamente-lectura-de-La-Biblia-en-centros-educativos-20160115-0078.html; https://lapagina.com.sv/nacionales/proponen-lectura-de-la-biblia-en-centros-educativos-del-pais/; https://acento.com.do/actualidad/diputados-divididos-ley-impondria-lectura-la-biblia-escuelas-reenvian-proyecto-comision-8615389.html A new proposal is expected to be put forward later this year.20https://www.laprensagrafica.com/elsalvador/Diputados-aprueban-que-frase-Puesta-nuestra-fe-en-Dios-sea-incluida-como-simbolo-patrio–20210721-0015.html
Child exploitation
According to Freedom House,21https://freedomhouse.org/country/el-salvador/freedom-world/2021
“Children are vulnerable to economic exploitation, and child labor is a serious problem. Children perform dangerous jobs in agriculture and are recruited by gangs and other criminal elements to carry out illegal activities. While the government has made improvements in collecting and publishing data on these issues, and continues to implement a National Policy for the Protection of Children and Adolescents, progress in combating child exploitation remains slow.”
Children are also forced to join local gangs.22https://www.hrw.org/world-report/2021/country-chapters/el-salvador
Family, community and society
A legacy of impunity
El Salvador underwent a 12-year civil war between 1980-1992, fought between the military-led government and left-wing guerillas. The war resulted in the deaths or disappearances of at least 75,000 citizens,23https://www.jstor.org/stable/pdf/26850667.pdf and came to an end following the 1992 Peace Accords and the negotiation of a revised Constitution. Members of the Catholic Church, including Archbishop Romero were prominent campaigners against human rights abuses during this time. Several members of the clergy were targets for assassination during this time.24https://cafod.org.uk/News/International-news/Oscar-Romero-life-timeline; https://www.newyorker.com/news/daily-comment/archbishop-oscar-romero-becomes-a-saint-but-his-death-still-haunts-el-salvador; https://www.usip.org/sites/default/files/file/ElSalvador-Report.pdf The quest for justice for all those affected remains ongoing.25https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador; https://theconversation.com/el-salvadors-facade-of-democracy-crumbles-as-president-purges-his-political-opponents-161781; https://www.hrw.org/world-report/2021/country-chapters/el-salvador
According to Human Rights Watch’s 2021 World Report, the police committed 116 extrajudicial killings between 2014 and 2018. There have been convictions in only two of these cases. Despite this, and in violation of the nation’s 1992 Peace Accords, President Bukele uses the military in public security operations, and has sanctioned the use of lethal force to crack down on crime.26https://www.hrw.org/world-report/2021/country-chapters/el-salvador
Approximately 60,000 gang members operate in El Salvador, who are known to have collaborated with security and elected officials in criminal operations and during electoral campaigns.27https://www.hrw.org/world-report/2021/country-chapters/el-salvador
Religious groups delivering rehabilitation programs for gang members
Gang violence is a national epidemic. The State reportedly works with religious organizations to implement rehabilitation and reinsertion programs for those convicted of involvement in gangs – a crime designated a terrorism offence.28https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador According to the US State Department,
“former gang members who joined evangelical Protestant churches gained both gang respect and endorsement, because religious devotion was a way out of gang membership from which there was otherwise no exit. According to law enforcement representatives, gang membership was previously understood to be a lifelong commitment; however, through religious devotion and the structure, acceptance, and support of a church, some gang leaders appeared to have respected the decision of some members to leave the gang. In these cases, gang leaders reportedly monitored the former gang members to ensure they were routinely attending church services.”
Members of religious groups can be casualties of gang warfare, intimidation and extortion, however, it is not clear that they are targeted specifically for their religious beliefs.29https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador
Religion’s place in society
According to the Observatory of Religious Freedom in Latin America (Observatorio de Libertad Religiosa en América Latina), religious groups have a pervasive influence in the public sphere, stating:30https://olire.org/es/monitorear/informes-del-pais/el-salvador/
“Given the strong influence of religious leaders and groups in the public sphere, some have indicated that there is no true separation between religion and the State, and that, on the contrary, El Salvador is one of the most conservative countries in Latin America. It is an issue constantly criticized and questioned by ideological or radical secular pressure groups.”
The preferential treatment of conservative religious values is often blamed for the discrimination faced by women and minority groups.31https://olire.org/es/monitorear/informes-del-pais/el-salvador/ Indeed, some groups argue that public policies are often defined by conservative religious norms.32https://www.laprensagrafica.com/opinion/De-Dios-Union-Libertad-a-Laicidad-Cooperacion-y-Justicia-Social-20200905-0105.html
Sexual and reproductive health and rights
According to El Faro newspaper, at least 16 women and girls are victims of some form of sexual assault in El Salvador each day.33https://elfaro.net/es/202107/columnas/25601/El-Salvador-criminaliza-a-sus-desaparecidas.htm
El Salvador maintains a total ban on abortion (Articles 133-137 of the Penal Code34https://www.asamblea.gob.sv/sites/default/files/documents/decretos/C0AB56F8-AF37-4F25-AD90-08AE401C0BA7.pdf). The ban was enacted in 1997 following lobbying by conservative religious groups – including evangelical and pentecostal Christians – who continue to protest any loosening of the restrictions that have been proposed in the legislative assembly.35https://www.opendemocracy.net/en/5050/el-salvador-evangelicals-reproductive-rights/; https://www.catholicnewsagency.com/news/248256/un-accused-of-lies-manipulation-in-effort-to-legalize-abortion-in-el-salvador In May 2021, the government’s Commission for Women and Gender Equality rejected a proposal to amend the country’s abortion law to make it legal in three circumstances: rape, life of the pregnant woman, or when there were malformations of the fetus that determined non-viability outside the womb.36https://ladiaria.com.uy/feminismos/articulo/2021/5/el-salvador-archivo-proyecto-de-ley-de-identidad-de-genero-para-personas-trans/
According to the Salvadoran NGO Citizens’ Group for Decriminalizing Abortion, 181 women in the country were charged with abortion or aggravated homicide in relation to a dead fetus between 2000 and 2019.37https://agrupacionciudadana.org/download/del-hospital-a-la-carcel-tercera-edicion/?wpdmdl=13171&refresh=6070e0164a47f1618010134 More recent statistics produced by Amnesty International indicate that at least 18 women remained in jail on charges related to obstetric emergencies by June 2020.38https://www.amnesty.org/en/location/americas/central-america-and-the-caribbean/el-salvador/report-el-salvador/
Penalties for women seeking abortions range from two to 50 years in prison. Women thought to have had an abortion may be convicted of the crime of “abortion” in the first 20 weeks of pregnancy; in cases where pregnancies are further along, women may be charged with manslaughter, homicide (Article 128 of the Penal Code), or aggravated homicide (Article 129 of the Penal Code).39https://www.latimes.com/world-nation/story/2021-04-17/el-salvador-abortion-ban-international-court This is even the case where women have suffered complications during their pregnancy which have resulted in the miscarriage or stillbirth, but where others suspect that the pregnancy was aborted.40https://colectivafeminista.org.sv/2021/03/09/corte-idh-determinara-responsabilidad-internacional-de-el-salvador-por-encarcelar-a-mujeres-que-sufren-complicaciones-de-sus-embarazos/; https://theconversation.com/the-unspeakable-cruelty-of-el-salvadors-abortion-laws-94004; https://www.opendemocracy.net/en/5050/el-salvador-evangelicals-reproductive-rights/
Girls as young as nine years old have been denied therapeutic abortions. Three of every eight maternal deaths in El Salvador are reportedly the result of teen suicide.41https://theconversation.com/the-unspeakable-cruelty-of-el-salvadors-abortion-laws-94004 According to Freedom House,42https://freedomhouse.org/country/el-salvador/freedom-world/2021
“Female students with children often leave school, sometimes under pressure from their principals. Gender-based violence, including domestic violence, sexual violence, and femicide, is also common. An April 2019 report by the Organization of Salvadoran Women for Peace (ORMUSA) indicated that the majority of sexual-assault survivors were girls between the ages of 12 and 17.”
Medical professionals performing them face up to 12 years in prison and the loss of their licence to practise medicine. The ban means that women who suffer complications during pregnancy die as abortion is not an option.43https://www.patheos.com/blogs/freethoughtnow/el-salvadors-cruel-anti-abortion-ban-a-harbinger-for-us/ Doctors are also faced with social pressure to report suspected abortion attempts.
The Inter-American Court of Human Rights (IACrtHR) is currently reviewing the case of “Manuela” a woman sentenced to 30 years in prison following a miscarriage. The court could compel the government of El Salvador to amend its legislation.44https://www.latimes.com/world-nation/story/2021-04-17/el-salvador-abortion-ban-international-court; https://colectivafeminista.org.sv/2021/03/10/el-caso-de-manuela-es-el-primer-caso-de-emergencias-obstetricas-que-recibe-la-corte-idh/; https://theconversation.com/el-salvadors-abortion-ban-jails-women-for-miscarriages-and-stillbirths-now-one-womans-family-seeks-international-justice-156484
Disappearance of women and girls
According to media reports, at least 102 women and girls aged between four and 42 years old have been reported missing in 2021.45https://www.efe.com/efe/america/sociedad/salvadorenas-exigen-a-las-autoridades-investigar-desapariciones-de-mujeres/20000013-4618786 Campaign groups indicate that the form of their disappearance has distinctive characteristics linked to other forms of gender-based violence in the country that distinguish it from male disappearances in the country.46https://www.efe.com/efe/america/sociedad/salvadorenas-exigen-a-las-autoridades-investigar-desapariciones-de-mujeres/20000013-4618786; https://www.fespad.org.sv/comunicado-desaparicion-de-personas-durante-el-conflicto-armado-y-las-desapariciones-actuales-en-el-salvador/
LGBTI+ rights
Members of the LGBTI+ community face pervasive discrimination and are the target of hate crimes, including by state security agents.47https://www.dw.com/es/el-salvador-matan-a-briyit-alas-primer-asesinato-a-una-mujer-trans-en-2020/a-52056077; https://freedomhouse.org/country/el-salvador/freedom-world/2021 Same-sex marriage is illegal.
In May 2021, the government’s Commission for Women and Gender Equality rejected a draft bill that sought to expand the rights of transgender people – the Gender Identity Bill48https://www.asamblea.gob.sv/sites/default/files/documents/correspondencia/C28A646B-453C-48EB-A98F-55E1F6E47C6B.pdf – on the basis that it was “obsolete”. Among other things, the bill proposed the recognition of the change of name and registration sex in identity documents.49https://colectivafeminista.org.sv/2021/05/29/por-la-salud-y-vida-de-las-mujeres-y-las-ninas-28-de-mayo-2021/; https://ladiaria.com.uy/feminismos/articulo/2021/5/el-salvador-archivo-proyecto-de-ley-de-identidad-de-genero-para-personas-trans/; https://www.dw.com/es/el-salvador-rechazan-decisi%C3%B3n-parlamentaria-de-archivar-ley-de-g%C3%A9nero/a-57538391 The lack of a Gender Identity Law hinders their access to rights such as education, healthcare, employment, among others. In August 2021, a coalition of NGOs put forward a revised draft of the Gender Identity Bill for the consideration of the Legislative Assembly.50https://www.swissinfo.ch/spa/el-salvador-homosexuales_ong-presentan-al-congreso-salvadore%C3%B1o-proyecto-de-ley-de-identidad-de-g%C3%A9nero/46884380; https://www.swissinfo.ch/spa/el-salvador-homosexuales_ong-presentan-al-congreso-salvadore%C3%B1o-proyecto-de-ley-de-identidad-de-g%C3%A9nero/46884380
Members of the LGBTI+ community face barriers and discrimination in exercising their right to vote.51https://globalvoices.org/2021/02/24/transgender-people-in-el-salvador-are-defending-their-right-to-vote/ Polling station staff, who are responsible for the electoral process, have reportedly refused transgender people access to voting stations as a result of pervasive conservative religious values. Polling station staff have been heard saying to their colleagues things such as, “God hates homosexuals,” according to Global Voices.52https://globalvoices.org/2021/02/24/transgender-people-in-el-salvador-are-defending-their-right-to-vote/
According to the Electoral Code53https://www.tse.gob.sv/documentos/normativa-electoral/Codigo-Electoral-2020-04-30.pdf and the Penal Code, a person’s gender identity is neither a requirement or reason to prevent someone from voting.
Freedom of expression, advocacy of humanist values
The Constitution guarantees freedom of expression and media freedom, however, these rights have been increasingly undermined in practice.54https://monitor.civicus.org/updates/2021/04/28/experts-underscore-steep-decline-freedom-expression-el-salvador/
Attacks on the media
Journalists covering organized crime or who report on gang activities, including alleged connections between gangs, politicians and business leaders, face threats and violent reprisals, leading many journalists to engage in self-censorship.55https://freedomhouse.org/country/el-salvador/freedom-world/2021
Members of the press are also the victims of smear campaigns on social media and subjected to criminal investigations in order to silence them.56https://english.elpais.com/usa/2021-03-02/profile-nayib-bukele-and-absolute-power.html; https://monitor.civicus.org/updates/2020/11/23/el-salvadors-government-attempts-discredit-independent-press/ In January 2021, the Inter-American Commission on Human Rights ordered El Salvador’s government to take steps to protect 34 staff members of independent online media outlet El Faro and allow them to carry out their journalistic work after they were subjected to harassment and a government audit.57https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410
Additionally, recent legislation has made it more expensive to import newsprint,58https://latamjournalismreview.org/es/news/periodicos-impresos-pagaran-impuestos-en-el-salvador/ adversely affecting the country’s traditional newspapers, which have been known to be critical of President Bukele’s administration.59https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410
De facto blasphemy law
Article 296 of the Penal Code (‘Attacks against freedom of religion’) imposes criminal sentences of six months to two years on those who publicly offend or insult the religious beliefs of others, or damage or destroy religious objects. If such acts are carried out with and for the purpose of publicity, sentences increase to one to three years in prison. Repeat offenders face prison sentences of three to eight years.60https://end-blasphemy-laws.org/countries/americas/el-salvador/
The State has not prosecuted anyone for religious insult in recent years, however, one prosecution dating back to 2018 remains under investigation.61https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador
Other articles of the penal code relating to insult and defamation make it plain that insult to religious feelings is not punishable under those articles.
Attacks on human rights defenders
El Salvador’s President Bukele has reportedly vilified civil society groups, including journalists and human rights groups. According to Amnesty International, in June 2020 human rights organizations reported that, following the introduction of the measures to tackle COVID-19, attacks on local organizations and women human rights defenders increased significantly, particularly through digital media. Organizations also reported an increase in government statements that put human rights defenders at risk.62https://www.amnesty.org/en/location/americas/central-america-and-the-caribbean/el-salvador/report-el-salvador/; https://www.amnesty.org/en/documents/amr29/2560/2020/es/; https://monitor.civicus.org/updates/2021/08/18/el-salvador-attacks-journalists-and-civil-society/
On 19 May 2021, the Commission of Justice and Human Rights of the Legislative Assembly decided to shelve the proposed “Law for the recognition and comprehensive protection of human rights defenders” for discussion by lawmakers.63https://monitor.civicus.org/updates/2021/07/08/democratic-backslide-el-salvador-deepens/; https://www.fespad.org.sv/comunicado-ante-la-decision-de-archivar-la-propuesta-de-ley-de-proteccion-a-defensores-as/
Freedom of assembly
According to Freedom House,64https://freedomhouse.org/country/el-salvador/freedom-world/2021
“Freedom of assembly is generally upheld, and public protests and gatherings are permitted. However, the persistent threat of violence by security forces or gang members serves as a deterrent to participation.”
References
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