| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: EL SALVADOR HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
EL SALVADOR
El Salvador is a constitutional, multiparty democracy with an
executive branch headed by a president, a unicameral national
assembly, and a separate, politically appointed judiciary.
Armando Calderon Sol of the Nationalist Republican Alliance
(ARENA) party was inaugurated President for a 5-year term on
June 1. National and international observers judged the March
presidential and legislative elections to be generally free,
fair, and nonviolent. Competing for the first time in
electoral politics, the Frente Farabundo Marti para la
Liberacion Nacional (FMLN) emerged as the major opposition
party. In November the U.N. Secretary General praised the new
Government for its commitment to the 1992 Peace Accords, which
ended a 12-year civil war, but noted delays in implementing
some provisions, including demobilization of the National
Police (PN), deployment of the National Civilian Police (PNC),
judicial and electoral reform, land transfers, economic
reinsertion programs, and implementation of Truth Commission
recommendations. (The Peace Accords established a Truth
Commission to investigate serious human rights violations
during the previous decade.) Nevertheless, the U.N. Observer
Mission in El Salvador (ONUSAL), which monitors and verifies
implementation of agreements between the Government and the
FMLN, concluded that both sides had complied with most key
measures by the end of the year.
The El Salvador Armed Forces (ESAF), which include the army,
air force, and navy, reduced its manpower well below the 31,000
troops authorized by the Peace Accords to approximately
22,000. In August the U.N. Secretary General reported
indications that some ESAF members continued to carry out
internal intelligence activities contrary to the new armed
forces mandate set forth by the Constitution. By the end of
the year, the new PNC had replaced the military-controlled PN
throughout the nation.
In December 1993, the Government, in conjunction with the
United Nations, formed the Joint Group for the Investigation of
Illegal Armed Groups with Political Motivation in El Salvador.
Comprising the chief of ONUSAL's human rights division, the
Human Rights Ombudsman, and two Salvadoran attorneys appointed
by the President, the Joint Group reported its findings on July
28. It found that some groups and persons continued to resort
to violence to obtain political results, including members of
the military and police institutions, as well as judicial and
municipal organs. The report concluded that the Government is
committed to combating politically motivated violence. It also
highlighted the growth of violent organized common crime in El
Salvador. The Joint Group recommended creation of a special
unit within the PNC to investigate political and organized
crime, a verification role for the National Counsel for the
Defense of Human Rights (PDDH--headed by the Human Rights
Ombudsman) in suspected political killings, and further reforms
of the judicial system, the ESAF, and government intelligence
gathering. The Government agreed to implement the Joint
Group's recommendations. In August the PNC created a special
unit within its criminal investigative division to focus on
suspected political violence. In September the Supreme Court
fired 10 low-level judges for incompetence, forced the
resignations of high-level Supreme Court administrative
personnel, and initiated investigations of additional judges'
performance. The court fired three more judges in November.
El Salvador has a mixed economy largely based upon agriculture
and light manufacturing. The Calderon Sol Government
maintained its predecessor's commitment to free market reforms,
including privatizing additional banks and hotels. People are
free to pursue economic interests, and private property is
respected. The 1994 rate of real economic growth was 5 percent.
The number of extrajudicial killings, torture, disappearances,
and mistreatment of detainees declined significantly in 1994.
Other forms of human rights abuses, including use of excessive
force and impunity from prosecution, also declined. Delays in
bringing detainees to trial and violence against women and
children did not decline. Reflecting the PNC's nationwide
deployment, the greatest number of human rights complaints
filed with ONUSAL were accusations against its members; a much
smaller number were filed against the ESAF. Victims attributed
approximately 25 percent of such complaints to "unidentified"
or "irregular groups."
The level of violence in El Salvador remained high,
particularly murder, assaults, and robberies, including crimes
against women and children. Allegations of politically
motivated assassinations, which had increased early in the
year, declined by the latter half of the year. There were no
confirmed cases of politically motivated killings, but
investigations in a number of cases remain open. Some public
figures reported death threats.
The Government acted to improve the institutional context for
human rights. In April the Legislative Assembly approved
constitutional amendments on judicial reform that addressed a
number of recommendations by the Truth Commission. The former
Supreme Court Justices ignored a Truth Commission
recommendation that they resign due to complicity in the
coverup of human rights abuses and served to the end of their
terms in June. In July the National Assembly elected a new,
reform-minded Supreme Court. In September the Government
appointed a PNC inspector general to investigate allegations of
human rights abuses committed by PNC agents. There were
reforms in other areas mandated by the Peace Accords, such as
PNC training and deployment, PN demobilization, PDDH expansion,
and judicial reform.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
ONUSAL did not confirm any reports of political killings in
1994, although it continued to investigate some murders for
possible political motivation. These include: two unknown
armed men shot and killed Simon de Jesus Cartagena Pineda, a
member of the Renewed Expression of the People (ERP) faction of
the FMLN and a local municipal council candidate, and his
stepdaughter on January 11. On January 19, unknown assailants
killed Javier Roberto Perdomo, a Panamanian technician with the
Inter-American Institute of Agricultural Science, as he drove
with his family in the countryside. On February 7, three
masked armed men shot and killed Ismael Bernardino Sion, a
member of the Popular Liberation Front (FPL) faction of the
FMLN, in his home. On March 9, an unknown assailant shot and
killed Jorge Bill Martinez Zaldana, a former technician of
Radio Venceremos and a FMLN guerrilla, on a bus as he was
returning to his home.
Other cases pending ONUSAL determination included the murder of
Heriberto Galicia Sanchez, a former alternate Assembly
candidate of the National Revolutionary Movement (MNR) party;
the killing of Jose Isaias Calzada Mejia, an FMLN member who
had worked as a voting table representative in the April
presidential run-off; Luis Valdivieso Granados, a PN agent and
a former ESAF soldier, found dead with his hands tied to a tree
trunk. Assailants shot and killed Elba Irene Magana de Romero,
sister of ARENA Assembly Deputy Carlos Guillermo Magana. In
November three unknown assailants shot FPL member David
Faustino Merino Ramirez and wounded two other FPL members in a
restaurant in San Salvador.
The number of extrajudicial killings by government forces
confirmed by ONUSAL declined significantly from 1993 to 1994.
By October ONUSAL confirmed five extrajudicial killings by
government officials, including an ESAF member based in Morazan
department who killed a fleeing bicycle thief (ONUSAL termed it
an arbitrary execution) and a PN agent who killed one youth and
seriously injured another in Santa Ana department. The PN
agent responsible for the latter killing resigned the following
day. ONUSAL confirmed three other reports of extrajudicial
killings, including a PNC agent who fired into a house in San
Salvador while attempting to break up a domestic dispute,
killing an elderly man, a PNC agent who shot a man without
provocation while he was driving in San Vicente, and off-duty
PNC agents who shot and killed a man on a bicycle in San Miguel.
The Government made progress toward resolving some human rights
cases. ONUSAL and the Government concluded that several
murders of persons with ties to the ARENA party were the result
of common crime. Police arrested a person alleged to have ties
to the FMLN for the highly publicized attacks on Elmer Cruz
Pineda, bodyguard of FMLN leader and Assembly Deputy Nidia Diaz
(Maria Valladares). On the other hand, circumstances
surrounding the attacks against Ruben Oswaldo Escalante, an
ARENA candidate for the San Marcos municipal council, and PNC
director Rodrigo Avila remain unclear.
There were no confirmed cases of death squad killings in 1994.
In its July 28 report, the Joint Group found that civil war-era
death squads were no longer active. However, death threats
directed against individuals and groups across the political
spectrum remained a method of intimidation. In April Mario
Valiente, the ARENA mayor of San Salvador, reportedly received
two death threats. In May the Salvadoran Revolutionary Front
(FRS) issued a communique denouncing the leaders of the
National Resistance (RN) and ERP factions of the FMLN as
traitors and sentencing them to death. In June the "Domingo
Monterrosa Command" issued death threats against members of the
Joint Group, the Human Rights Ombudsman, Archbishop Arturo
Rivera Damas, and Jesuit priests. The group made no additional
threats, and no evidence of its existence or activities
appeared. In October a district court judge in Usulutan and
prosecutors in the Attorney General's office in San Miguel
reportedly received death threats. Reports of death threats,
which had increased up through the inauguration of the new
President in June, declined in the latter half of the year.
On November 14, a bus cooperative blocked a highway around San
Miguel to protest competition from illegal buses. After
negotiations broke down, PNC officials and army officers gave
the protesters 5 minutes to clear the road. In the ensuing
confusion, shots were fired and an army sergeant and
2 civilians died, and about 20 others were wounded. It is
unclear who initiated the shooting or who fired the fatal
shots. The PNC investigation continues.
b. Disappearance
The Constitution forbids unacknowledged detention by the police
or the military. ONUSAL investigated several allegations of
disappearances, but all were unfounded.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture. In December the
Legislative Assembly ratified the Convention against Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment,
subject to reservations.
The number of confirmed reports of torture by security forces
declined in 1994, as did the number of reported incidents of
mistreatment of detainees and uses of excessive force. From
January to September, ONUSAL confirmed three reports of
torture, two by the PNC and one by the PN. In July five PNC
agents arrived at the house of Carlos and Miguel Grande
Menjivar. The police beat the two, took them to an
unidentified place, blindfolded them, and interrogated them
about the location of an alleged arms cache. They placed
plastic bags over their heads, burned Miguel's thorax with
cigarettes, and repeatedly hit both. ONUSAL reported that the
PNC has yet to respond to PDDH inquiries, nor has it taken
disciplinary action against the agents. ONUSAL counted a
significant decrease in reported incidents of mistreatment,
from 120 reports during April-December 1993, to 74 reports
during January-September 1994. The number of reported
incidents of use of excessive force declined slightly, from 45
during April-December 1993 to 39 during January-June 1994.
Prison conditions remained bleak, with overcrowding the most
significant problem. The largest prison, built 20 years ago to
hold 800 prisoners, holds approximately 2,800. Most cells are
15 by 20 feet, and some hold as many as 24 prisoners. Some
prisoners must sleep on the floor or "buy" a bed when one
becomes available. Prisoners are fed, but most find it
necessary to supplement their rations with help from family.
Approximately 40 prisoners died at the hands of other prisoners
in riots, including 9 in February at the Santa Ana central
penitentiary and 12 in August at the maximum security prison in
San Salvador. To try to stem prison violence, the Ministry of
Justice hired 500 additional security guards in September.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention or
compulsory exile. ONUSAL reported a significant reduction in
the number of arbitrary or unlawful detentions by security
forces, from 185 complaints from April-December 1993, to 94
complaints from January-September 1994. Salvadoran courts
generally enforced a ruling that questioning without the
presence of a public defender is considered coercion, and any
evidence so obtained is inadmissible; thus police authorities
generally delayed questioning until a public defender arrived.
From January to August, public defenders freed from
incarceration approximately 50 percent of their clients.
However, because of low salaries and insufficient supervision,
the public defenders were able to handle only a limited number
of cases.
By law, the police may hold a person for 72 hours before
delivering him to court, after which time the judge may order
detention for an additional 72 hours to determine if an
investigation is warranted. The law allows 120 days to
investigate serious crimes, and 45 days for lesser offenses,
before a judge must bring the accused to trial or dismiss the
case. In practice, the authorities rarely observed these time
limits.
Although the law permits release pending trial for crimes in
which the maximum penalty does not exceed 3 years, many common
crimes (homicide, murder, manslaughter, rape, and crimes
against property) carry penalties in excess of 3 years, thereby
precluding release pending trial. Because it may take several
years for a case to come to trial, some prisoners were
incarcerated longer than the maximum legal sentence for their
crimes. Any detainee may request a review (habeas corpus) by
the Supreme Court, but the overwhelming majority of such
requests are denied. Approximately 80 percent of all inmates
are awaiting trial or sentencing.
e. Denial of Fair Public Trial
The court structure is divided into four levels: justices of
the peace, first instance (district) courts, second instance
(appellate) courts, and the Supreme Court. Civilian courts
exercise jurisdiction over military personnel who commit common
(nonmilitary) crimes. Judges, not juries, rule on most crimes;
however, a judge cannot overrule a jury verdict nor can it be
appealed to a higher court. Sentences, however, may be
appealed up to the Supreme Court. Under the Constitution,
defendants have the right to a presumption of innocence,
protection from self-incrimination, legal counsel, freedom from
coercion, and compensation for damages due to judicial error.
They also have the right to be present in court and to confront
witnesses. However, the authorities frequently ignored many of
these rights in practice.
Judicial reform made some headway in 1994. In April the
Legislative Assembly approved two constitutional amendments
consistent with Truth Commission recommendations to remove the
Supreme Court's authority to discipline lawyers and allow lower
courts to hear habeas corpus appeals. The Assembly voted to
create a new council to discipline lawyers; the Supreme Court
will retain the power to license them. Under the Constitution,
the new Assembly must also approve the amendments for them to
become law.
In July justices of the old Supreme Court left office when
their term expired, after ignoring a Truth Commission
recommendation that the court resign due to its complicity in
covering up human rights abuses. The Assembly elected a new
Supreme Court which, in its first month, acted on its stated
commitment to judicial reform by firing 10 low-level judges and
forcing the resignations of high-level Supreme Court
administrative personnel. As recommended by the Truth
Commission, the National Council of the Judiciary (NCJ)--an
independent body that screens and nominates judicial
candidates--evaluated judges for judicial aptitude, efficiency,
discretion, and impartiality. It also created a judicial
school--administered by the NCJ--to train judges, lawyers, and
administrative personnel in ethics, administration, and
judicial reform.
Despite these reforms, some judges continued to be only
nominally independent, appointed or reappointed through
political affiliation and personal ties rather than for
professional capabilities. ONUSAL criticized the Assembly for
failing to enact reforms recommended by the Truth Commission
and passed by the former Assembly, such as reducing the Supreme
Court's power, amending the NCJ law to guarantee the Council
greater independence from the Supreme Court, and modernizing
the criminal justice system as well as for not ratifying some
international human rights conventions. Some politically,
economically, or institutionally well-connected Salvadorans
continued to enjoy effective immunity from prosecution. ONUSAL
said the judicial system's deficient institutions contributed
to this impunity and to the increase in organized crime in 1994.
All available evidence indicates that the Government holds no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
According to the Constitution, the police must have the
resident's consent, a warrant, or a reasonable belief that a
crime is being or is about to be committed, before entering a
private dwelling. In practice, however, the authorities used
forced entry to carry out arrests and investigations.
Wiretapping of telephone communications by the Government,
private persons, and political parties is illegal but occurs.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of the press, and this
provision is respected in practice. There was one reported
incident of a government attempt to limit freedom of speech.
The Government on May 3 ordered the expulsion of Angel Maria
Martinez Mendizabal, a Spanish priest, for a sermon which
allegedly violated Articles 82 and 97 of the Constitution,
prohibiting members of the clergy and foreigners from engaging
in partisan political activity. The Supreme Court
provisionally suspended the expulsion on May 5 pending
consideration of an appeal filed by Martinez and the PDDH, and
took no action on the appeal by the end of the year.
El Salvador has 5 daily newspapers, 8 television stations,
approximately 150 radio stations, and 3 cable television
systems. Print and broadcast journalists regularly criticize
the Government and report opposition views. The Government did
not use direct or indirect means to control the media.
The Constitution provides for academic freedom, and the
Government respects this right in practice.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for peaceful assembly and association
for any lawful purpose. The Government respects this right in
practice. Organizations do not require permits to hold public
meetings. In May, however, the mayor of San Salvador issued a
decree prohibiting public demonstrations in the capital during
business hours. Some organizations held peaceful
demonstrations in defiance of the mayor's decree. The mayor's
office imposed fines, which the organizations refused to pay.
c. Freedom of Religion
Freedom of religion is guaranteed by the Constitution and is
respected. Roman Catholicism is the official religion, but
other faiths practice without hindrance.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution guarantees citizens the right to travel freely
domestically and abroad. There are no restrictions on citizens
changing their residence or workplace. The Government has
provisions for granting asylum and refugee status. The
Government imposes no control on emigration and cooperates with
international organizations that arrange Salvadoran emigration
to other countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercise the right to change their government
peacefully through regularly scheduled elections. The
president and vice president are elected every 5 years;
legislative and municipal elections are held every 3 years.
The Constitution bars the President from election to
consecutive terms. Voting is by secret ballot, and there is
universal suffrage. There were elections in March for all
national and local offices, including the Presidency, the
84-seat Legislative Assembly, and all municipal councils. The
Nationalist Republican Alliance party garnered 68 percent of
the vote in the second round of the presidential election and
39 seats in the Assembly. Competing for the first time in
electoral politics, the FMLN emerged as the major opposition
party, capturing 32 percent of the vote in the presidential
election and 21 Assembly seats. ONUSAL, local, and
international observers, including a U.S. presidential
delegation, judged the March 20 and April 24 (presidential
second round) elections to be generally free, fair, and
nonviolent, despite first-round administrative irregularities.
Prior to the election, the Supreme Electoral Tribunal (TSE)
undertook a successful registration campaign aimed at the
traditionally underrepresented, primarily youth and women. By
election day, the TSE had registered 75 to 80 percent of
eligible voters, although only approximately 47 percent
exercised that right.
The number of women in politics is small. In the March
elections, Salvadorans elected nine women to the Legislative
Assembly, a slight increase from the number in the previous
Assembly. The president and 1 of the 4 vice presidents of the
Assembly are women, as are 2 of the 14 Supreme Court justices.
One Cabinet minister is female, as are 31 of the 262 mayors.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government demonstrated a willingness to discuss human
rights issues and problems with international, local, and
nongovernmental organizations (NGO's). A number of
nongovernmental human rights organizations, including the
Catholic Church's Tutela Legal and the Human Rights Commission
(CDHES), focus primarily on alleged abuses by the Government.
The CDHES follows cases through the investigation and trial
stages, provides free legal assistance, and publishes monthly
reports. Tutela Legal, the human rights office of the
archdiocese of San Salvador, also follows cases and publishes
periodic reports. Numerous other church, labor, university
groups, and NGO's have human rights offices that operate
without legal restriction. In addition, various international
human rights groups visit or operate without government
restrictions.
The Joint Group, comprised of the chief of ONUSAL's human
rights division, the Human Rights Ombudsman, and two Salvadoran
attorneys appointed by the President, reported in July. It
also provided the state prosecutor on a confidential basis
information concerning specific acts of violence. The Joint
Group criticized some agents of the state, political parties,
and NGO's for insufficient collaboration during its
investigative period, but did not accuse any group of
deliberately blocking the investigation.
ONUSAL's mandate is to verify and monitor implementation of
agreements between the Government and the FMLN, to investigate
alleged human rights violations, and to conduct educational and
public awareness campaigns promoting human rights. It makes
recommendations to the Government and the FMLN, and reports
directly to the U.N. Secretary General. ONUSAL noted in
November a significant reduction in reports of human rights
abuses in 1994 compared to 1993, including arbitrary killings,
death threats, and mistreatment, and confirmed no politically
motivated killings. It noted improvements in the judicial
system, the PNC, and the PDDH, concluding that the process of
promoting and protecting human rights is advancing. However,
it emphasized the need to complete judicial, police, and penal
reforms, and criticized the Legislative Assembly for dragging
its feet on judicial reform.
As the only human rights organization specifically established
by the Constitution, the PDDH receives and investigates
allegations of human rights abuses committed by government
officials and, if warranted, lodges official complaints against
specific officials. In 1994 the PDDH received 4,284 reports of
human rights violations, a significant increase from the 2,071
reports received in 1993. This upswing reflects, to a large
degree, the PDDH's wider presence in the country. The PDDH
opened 8 regional offices in 1994, giving it 12 offices
covering 12 of the country's 14 departments.
The PDDH will take over the ONUSAL human rights monitoring
function in 1995. In its November report to the Secretary
General, ONUSAL commended the PDDH for progress in verifying
human rights violations, strengthening institutional capacity,
and promoting human rights education, but noted inadequacies in
PDDH personnel, equipment, and financial resources.
The PDDH lodged complaints of human rights abuses against
various government agencies, most frequently the PNC and the
judiciary. In numerous cases, the PDDH made specific
recommendations for improvements in procedures and for
indemnification of victims. The PDDH criticized publicly the
penal system's director general for failing to resolve the
underlying problems prompting the prison riots, and called on
the authorities to take steps to avoid future outbreaks of
prison violence. Although some of its recommendations were
ignored, the PDDH said that some institutions did act on its
recommendations in a satisfactory manner. The PDDH commended
the Legislative Assembly for initiating a review of the Penal
Code.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution states that all people are equal before the
law and prohibits discrimination based on nationality, race,
sex, or religion.
Women
Women are granted the same legal rights as men under the
Constitution, but suffer discrimination in practice. To
improve their situation, the Legislative Assembly enacted a new
Family Code in October 1993 which amends some laws that
discriminated against women, most notably the large number
living in common law marriages. The new law also establishes
courts to resolve family disputes.
Women suffer from economic discrimination and do not have equal
access to credit and land ownership. Wages and salaries for
women remain lower than those paid to men. Of the economically
active female population, 65 percent works in the informal
economy. Training for females is generally confined to
low-wage occupational areas where women already hold most
positions, such as teaching, nursing, home industries, or small
businesses.
Violence against women, including domestic violence, is
widespread and apparently rising. The Institute of Legal
Medicine reported an increase in domestic violence against
women, from 378 reports during the July-December 1993 period,
to 496 during the January-June 1994 period. Reports of sexual
abuse against women also continued to rise. In 1993, the
latest year-long period for which statistics are available, the
Institute for Legal Medicine received 598 reports of sexual
abuse, compared with 564 reports in 1992.
From January to July 1994, hospitals in the capital city of San
Salvador received, on average, 65 reports of rape per month, an
increase over the 56 reports per month received in 1993. The
PNC received only four reports of rapes per month during the
first 6 months of 1994. To increase reporting of rapes, a
regular newspaper campaign by the Attorney General's office has
encouraged victims to press charges immediately after the
assault has occurred. A public prosecutor is on duty 24 hours
a day at the San Salvador children's hospital to assist rape
victims and their families in taking legal action.
Nevertheless, prosecution of rape cases is difficult because of
pervasive cultural attitudes.
Children
The Government recognizes its responsibility for children's
rights and welfare, though this is reflected more in its
efforts to reduce poverty and promote family stability through
economic growth than in direct expenditure on children. The
Salvadoran Institute for the Protection of Children, an
autonomous entity, is responsible for protecting and promoting
children's rights. The Legislative Assembly passed in June a
juvenile offenders law extending the age of a minor from 16 to
18 years old. Scheduled to go into effect in March 1995, the
law guarantees minors due process, establishes additional
treatment facilities for offenders, and reduces the sentences
for minor crimes.
The Government works closely with state institutions and the
United Nations Children's Fund (UNICEF) to promote protection
and general awareness of children's rights. Despite these
efforts, children continued to fall victim to physical and
sexual abuse, abandonment, exploitation, and neglect. From
January to August 1994, the PDDH for the protection of children
received 75 reports per month of abuses against children. The
number of children treated for physical abuse in the largest
public hospital in San Salvador rose significantly from 92
cases in 1992 to 525 in 1993. Abused continued at this rate
for the first 6 months of 1994 when the hospital attended to
272 abused children. The Institute of Legal Medicine recorded
a reduction in reports of sexual abuse of children from 580
reports in 1992 to 432 in 1993. From January to May 1994, the
Institute received 121 reports of sexual abuse of children.
Child abandonment and labor exploitation are growing problems.
UNICEF reported that there were approximately 200,000 displaced
children in 1994, and approximately 270,000 children work up to
12 hours per day. Child malnutrition and the large numbers of
orphans are also significant problems.
Indigenous People
El Salvador is an ethnically homogeneous country, though a
small segment of the population claims to have descended solely
from indigenous peoples. The last census of Indians in El
Salvador showed 80,000 in 1930, or 5.6 percent of the
population. In 1932 government forces killed approximately
30,000 following an abortive uprising. In the face of such
repression, most remaining indigenous people adopted local
customs and successfully assimilated into the general
population. There remain a few very small communities of
indigenous people who still wear traditional dress, speak their
native language, and maintain traditional customs without
repression or interference. The Constitution makes no specific
provisions for the rights of indigenous people, and their
ability to participate in decisions affecting their lands,
culture, traditions, or the allocation of natural resources is
limited.
The indigenous population generally is believed to be the
poorest group in the country. In a 1994 study, the PDDH found
that 90 percent of the indigenous people lived in conditions of
extreme poverty, with average monthly incomes one-half the
legal minimum wage. Employment opportunities outside the
informal economy are few, and a high illiteracy rate precludes
indigenous people from competing for limited skilled jobs.
Indigenous people generally earn less than other laborers in
farm and other agricultural work, and women in particular have
little access to educational and work opportunities since they
head most of the households. Access to land is a growing
problem confronting indigenous people. Few possess titles to
land, and access to bank loans and other forms of credit is
extremely limited. Domestic violence is widespread within
indigenous communities.
People with Disabilities
Except for the war wounded, who have secured both government
and international funding for rehabilitation and retraining
programs, the Government has no program to combat
discrimination against the disabled, nor are there any laws
mandating provision of access for people with disabilities.
There are few organizations dedicated to protecting and
promoting the rights of people with disabilities. A
semiautonomous institute, the Salvadoran Rehabilitation
Institute for the Disabled (ISRI), is the primary organization
providing assistance to approximately 12,000 disabled persons
annually. ISRI offers medical treatment and counseling,
special education programs, and professional training courses.
Founded in 1957, ISRI has 10 centers throughout the country and
receives assistance from the Government and national and
international private and nongovernmental organizations.
Section 6 Worker Rights
a. The Right of Association
The Constitution prohibits the Government from using
nationality, race, sex, creed, or political philosophy to
prevent workers or employers from organizing themselves into
unions or associations. Numerous and sometimes conflicting
laws governing labor relations impede full realization of the
freedom of association, although recent Labor Code amendments
(sponsored by the International Labor Organization--ILO) may
bring about improvements, once they are fully implemented. The
current Labor Code prohibits partisan political activity by
unions, but this prohibition is routinely ignored, and labor
continues to play an important role in political activities.
In the 1992 peace accords, the Government committed itself to
seek consensus on revised labor legislation through a
socioeconomic forum with equal representation from labor
(including groups aligned with the FMLN), the Government, and
the private sector. The Assembly passed such legislation in
April, which streamlines the process required to form a union,
extends union rights to agricultural, independent, and
small-business workers, and extends the right to strike to
union federations.
There are approximately 150 active unions, public employee
associations, and peasant organizations, which represent over
300,000 Salvadorans, approximately 20 percent of the total work
force. Labor alliances continued to change frequently, with no
one group able to claim a leading role. The current Labor Code
forbids foreigners from holding leadership positions in unions,
but unions freely affiliate with international labor
organizations.
Only private sector nonagricultural workers have the right to
form unions and strike; employees of nine autonomous public
agencies may form unions but not strike. Nevertheless, workers
from other sectors, including the public sector, frequently
have carried out strikes that, while technically illegal, were
treated as legitimate. Negotiations between public employee
associations and the Government generally settle public sector
strikes, although the Labor Code provides for mandatory
arbitration of public sector disputes. After a series of
public sector strikes in June and July, the Government issued a
warning that public workers would not be paid for days on
strike, and threatened to use the police to open public
buildings forced shut by strikers. The Government docked the
pay of striking members of a teachers' union, but in September
announced an agreement, including an almost 30-percent pay
raise, with the same teachers' union. Labor disputes, and some
strikes, continued in other public sectors, including public
health and the judiciary.
The law prohibits antiunion actions before a union is legally
registered; however, under the previous Labor Code, there were
credible charges that the Government impeded union registration
through exacting reviews of union documentation and strict
interpretation of the Constitution, Labor Code, and union
statutes. With ILO assistance, the Labor Ministry put together
a restructuring plan in mid-1994. It is too early to tell if
full implementation of the changes to the Labor Code and the
restructuring of the Ministry will improve union registration.
b. The Right to Organize and Bargain Collectively
The Constitution and the Labor Code provide for collective
bargaining rights, but only to employees in the private sector
and in autonomous government agencies, such as utilities and
the port authority. However, both private sector unions (by
law) and public sector employee associations (in practice) use
collective bargaining extensively.
The Ministry of Labor oversees implementation of collective
bargaining agreements and acts as conciliator in labor disputes
in the private sector and autonomous government institutions.
In practice, ministers and the heads of autonomous government
institutions often negotiate with labor organizations directly,
relying on the Labor Ministry only for such duties as
officially certifying unions. The Ministry often seeks to
conciliate labor disputes through informal channels rather than
attempting strictly to enforce regulations, leading to charges
of bias against labor. Corruption continues to be a serious
problem affecting labor courts.
The Constitution prohibits discrimination against unions. It
provides that union officials at the time of their election,
throughout their term, and for 1 year following their term
shall not be fired, suspended for disciplinary reasons,
removed, or demoted except for legal cause. Employers
generally observed this provision in practice, but in some
cases fired those attempting to form unions before receiving
their union credentials. Even under the revised Code, there
were credible reports of government inaction following
dismissal of legally recognized union representatives. The law
requires employers to rehire employees fired for any type of
union activity, although the authorities sometimes do not
enforce this requirement. In many cases, employers convince
fired employees to take a cash payment in lieu of returning to
work.
There are six functioning export processing zones (EPZ's).
Labor regulations in these zones are identical to those
throughout the country. Companies operating in the EPZ's,
while providing higher salaries and benefits than companies
outside the EPZ's, strongly discourage organizing. There were
credible reports of some foreign-owned factories dismissing
union organizers and, in some cases, physically abusing their
workers. Government actions against violations have been
ineffective, in part because of an inefficient legal system and
in part because of fear of losing the factories to other
countries.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, except
in the case of calamity and other instances specified by law.
This provision is followed in practice.
d. Minimum Age for Employment of Children
The Constitution prohibits the employment of children under the
age of 14. It provides for exceptions only where such
employment is absolutely indispensable to the sustenance of the
minor and his family, most often the case with children of
peasant families who traditionally work with their families
during planting and harvesting seasons. Children also
frequently work as vendors and general laborers in small
businesses, especially in the informal sector. Parents of
children in circumstances such as these often do not allow
their children to complete schooling through the ninth grade as
the law requires, since the labor which the children perform is
considered vital to the family. Child labor is not found in
the industrial sector. The Ministry of Labor is responsible
for enforcing child labor laws.
e. Acceptable Conditions of Work
In July the Government raised the minimum wages for commercial,
industrial, service, and agroindustrial employees by 13
percent. The new rate for industrial and service workers was
about $4 (35 colones) per day; agroindustrial employees must be
paid about $3 (26 colones) in wages, including a food
allowance, per day. Despite these increases, minimum wages
were generally inadequate to meet the Ministry of Economy's
standard of basic necessity. An estimated 40 percent of the
population lives below the poverty level. The Labor Ministry
is responsible for enforcing minimum wage laws and does so
effectively in the formal sector.
The law limits the workday to 6 hours for minors between 14 and
18 years of age and 8 hours for adults. Premium pay is
mandated for longer hours. The Labor Code sets a maximum
normal workweek of 44 hours, requiring overtime pay for
additional work and limiting the workweek to no more than 6
days.
The Constitution and the Labor Code require employers,
including the Government, to take steps to ensure that
employees are not placed at risk in their workplaces, and
prohibit the employment of persons under 18 years of age and
all women in occupations considered hazardous. Nevertheless,
Salvadoran health and safety regulations are outdated, and
inadequate enforcement remains a problem. Workers can remove
themselves from dangerous work situations without jeopardizing
their employment if they present a medical certificate issued
by a doctor or the Social Security Institute indicating that
their health is at risk while using certain equipment or
substances. The Ministry of Labor attempts to enforce the
applicable regulations and conducts investigations which
sometimes lead to fines or other findings favoring workers.
The Ministry has very limited powers to enforce compliance,
however, and has suffered cutbacks in resources to carry out
certification and inspection duties, which curb its
effectiveness.
(###)
[end of document]
Return
to 1994 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.