Country Report on Human Rights Practices for 1992
EL SALVADOR
On December 31, 1991, after 11 years of dvil war, the Government of EI Salvador
and the Frente Farabundo Marti para la Liberacion Nacional (FMLN) reached an
agreement ending hostilities and providing for the reintegration of FMLN ex-combatants
into the national life of EI Salvador. On January 16, 1992, an accord was
signed to formalize the end of the conflict; a full ceasefire tciok effect on February
1 and held throughout the year. On December 15, in the presence of the UJ>I. Secretary
General and other international witnesses, the final FMLN demobilization
was celebrated, and by year's end the overall atmosphere countrywide reflected the
end of the civil war, which caused approximately 60,000 Salvadoran casualties. In
the Peace Accords the Government and FMLN also agreed to a series of constitutional
reforms; these human ri^ts, judicial, and electoral reforms were ratified by
the Legislative Assembly.
The Truth Commission agreed to by both parties in 1991 to investigate serious
human rights violations in the past decade began its assigned task in 1992 but will
not report its findings until February 11, 1993. The Ad Hoc Commission established
to evaluate the human rights record, professional competence, and commitment to
democracy of the Salvadoran Armed Forces (ESAF) officer corps presented its confidential
findings to President Cristiani and to \JN. Secretary General Boutros
Ghali on September 22; President Cristiani had until December 31 to implement its
findings, which included retiring many officers responsible for human rights violations.
At the end of the year the Government was discussing implementation of the
Ad Hoc Commission recommendations with the FMLJ*J and the uIN.
The ESAF includes the army, air force and navy. Total military expenditures for
1989, a year of full-scale conflict with the FMLN and the last year for which the
U.S. Arms Control and Disarmament Agency conducted a detailed analysis, were
$252 million. Throughout 1992 the armed forces underwent a largescale reduction
in manpower, and four out of the ESAPs five elite rapid response battalions were
dismantled; the final one is scheduled to be eliminated in February 1993. The National
Police (FN) is no longer part of the Defense Ministiy, and the Treasury Police,
National Guard, and Civil Defense Forces were abolished in 1992. Training courses
for the first members of the to-be-established National Civilian Police (Pm!!) began
in September, 20 percent of the trainees are from the old National Police and 20
percent from the FMLN, while 60 percent are individuals without involvement on
either side of the armed conflict. The PN wiU be abolished once the PNC is fiilly
deployed, which is expected to occur by mid-1994.
El Salvador has a mixed economy largely based upon agriculture and li^t manufacturing.
The Government undertook a number or free market reforms, and real
economic growth in 1992 was estimated at 4.6 percent.
The end of the civil war brought an overall improvement in the human ri^ts situation.
There were no confirmed cases of death squad killings in 1992. However,
human rights violations persist. Both the FMLN and the ESAF committed human
rights violations in 1992. There were allegations that the ESAF was responsible for
extrajudicial killings, torture of detainees and arbitrary arrests. The FMLN was allegemy
responsible for extrajudicial killings and threats against government officials.
The UJ^. observer mission in El Salvador (ONUSAL) continued its mission
begun in July 1991 to verify implementation of the human rights accord signed in
July 1990 by the Government and the FMLN. In its reporting ONUSAL stated that
the number of human rights violations continued to decline in 1992, while noting
that serious violations persisted. ONUSAL also criticized the Government for often
failing to investigate what appeared to be politically motivated crimes (Section l.a.).
Mihtary and police officials, people with influence, and FMLN members generally
enjoyed virtual immunity from prosecution for human rirfits abuses in 1992. Two
notable exceptions were the sentencing in January of an ESAF colonel and a lieutenant
for the 1989 murders of six Jesuit priests and their two employees, and the
FMLN's surrender to Salvadoran authorities of two FMLN combatants accused of
murdering two U.S. servicemen in 1991.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
^The end of hostilities in El Salvador
led to a reduction in extrajudicial killings, but members of the military, police, and
FMLN allegedly committed murders that may have had political motives. On January
11, Francisca Chavez, a promoter for the San Roque Council of Communities
Affected by Disasters and a member of the Salvadoran Conununal Movement, was
shot and killed on a busy San Salvador street. Tutela Legal, the human rights office
of the archdiocese of San Salvador, and the nongovernmental Human Rights Commission
(CDHES) labeled the crime the work of death squads. On the morning of
March 2, a labor union's night watchman, Nazario de Jesus Gracias, was murdered
at the union's San Salvador office. Gracias—arrested in October 1991 by the ESAFs
First Brigade, then turned over to the National Police, who held Gracias for two
days before releasing him—had charged that the military and police threatened his
life during and after his period in detention. This, and the brutal nature of the
Gracias slaying, led to credible chaises that official elements were responsible for
the murder. The case has not yet been resolved, despite Salvadoran and ONUSAL
investigations.
On the morning of May 19, in a street on the outskirts of San Salvador, FMLN
member Vladimir Flores was shot numerous times. The incident provoked initial accusations
by the FMLN and others that the shooting had been a paramilitary death
squad-type attack. The Government's Special Investigative Unit (SIU) conducted the
investigation, which indicated that the attack had been criminally—not politically
—
motivated; suspects were arrested. In July, two members of the FENASTRAS Labor
Federation were killed in separate incidents which were initially characterized by
some as political. Subsequent investigation by the SIU indicated that both men were
killed in personal disputes and resulted in the arrest of the presumed murderer of
one of the men.
On July 31, assailants shot Eduardo Pineda Valenzuela, formerly the head of the
Srosecution team in the Jesuit case and a ranking official in the newly established
tffice of the Human Rights Ombudsman, leaving him paralyzed. On August 17,
Mrs. Pineda was robbed of her car at gunpoint, further contributing to speculation
that one or both incidents were politically motivated.
In another incident on October 11 in Usulutan, heavily armed men intercepted
a vehicle in which FMLN/FPL (Popular Forces of Liberation) field commander Pablo
Antonio Parada Andino was riding and shot Parada several times. Evidence indicated
that some of the attackers were ofT-duty ESAF members engaged in armed
holdups. One ESAF soldier has been arrested, and he is being diarged with attempted
robbery and having inflicted serious injury; two other individuals are also
being sought by the police. On November 17, Juan Amulfo Garcia Gamez, a driver/
bodyguard of FMLN/FPL leader Alberto Enriquez was shot to death by unknown
men while riding a bus in San Salvador. Despite conflicting accounts of the events
surrounding the murder, reliable sources indicate that Garcia was killed when he
attempted to resist thieves as they robbed bus passengers at gunpoint.
There were no conflrmed cases of death squad killings nor cases where death
squads claimed responsibility for murders; nonetheless, human ririits oraanizations
continued to ascribe certain suspicious deaths to death squads. In earl^^ January,
a group calling itself the "Secret Army of National Salvation" (ESSN) issued threats
to the Christian Committee for the Displaced of El Salvador (CRIPDES) and to eleven
members of the National Council of Churches of El Salvador (CNI). Nuria
Esmeralda de Grande, wife of CNI board member pastor Julio Cesar Grande, was
abducted, drugged, and held for nearly three days by captors who questioned her
about CNI members and their work. In late January, the so-called Salvadoran
Anticommunist Front (FAS) allegedly again sent written threats to Mirtala Lopez,
one of the directors of CRIPDES. Threats were also received by General Rene EmUio
Ponce for having signed the peace accords, ONUSAL Chief Iqbal Riza, National Revolutionary
Movement (MNR) secretary General Victor Valle, and Nationalist Democratic
Union (UDN) leader Luis Galvez.
On August 24, Dr. Jose Mauricio Quintana Abrego, an ex-FMLN supporter who
became member of the ruling ARENA party and who had ties to ESAF intelligence,
was kidnaped and murdered by unknown persons. Quintana's murder, which has
not yet been resolved, and those of several other members of the ESAF led to
charges that the FMLN was responsible.
For much of 1992, the FMLN prevented the elected mayors in former conflict
areas from assuming oflice by threatening thenL Since mid-July, however, over twothirds
of the mayors have returned to their towns, and ONUSAL hopes that the remainder
will rehim by early January. On September 26, Wilber Alexander Jimenez
Jaimes, the mayor of San Rafael Oriente and a member of the National Conciliation
Party (PCN), who had been threatened by the FMLN, was robbed and murdered by
unknown men. However, Jimenez reportedly was canying the equivalent of $4,600
at the time of his death and his murder may have been a conmion, rather than political,
crime.
In late September, a national police patrol respondingto a call in Santa Tecla was
ambushed by a large, well-armed group—reportedly FMLN—wearing camouflage
uniforms and face paint. One policeman and two attackers were killed in the incident.
On October 1 in Usulutan, four heavily armed men flring automatic weapons
ambushed a vehicle canning three employees of the government Conunission for the
Restoration of Areas (CONARA) who were making routine inspections of local
projects. Jose Salvador Alvarez was seriously injured. Juan Antonio Uina was
wounded slightly, while Luis Alonzo Lazo escaped injuiy. Robbery apparently was
not the motive, as the attackers made no attempt to stop the vehicle. AU three men
had received recent threats fivm the FMLN to cease their work in Usulutan.
There was some progress in resolving long-outstanding incidents of human ri^ts
abuse from earlier years. In 1992 FMLN supporter Cesar Ernesto Erazo Cruz was
acquitted by a jury on charges that he had murdered ex-Foreign Minister and Supreme
Court P5re8ident Dr. Francisco "Chachi" Guerrero in 1989. One charge conned^
ed with Erazo's escape from prison remained; however, he was released on bail
on August 12. In March FMLN member Jorge Alberto Miranda, convicted in 1991
of the 1987 murder of CDHES coordinator Herbert Anaya, was sentenced to 30
years in prison.
Two conservative politicians were shot and killed in the summer of 1989; Adolfo
Aguilar Payes had been held for both murders since July 1989. Aguilar Payes'
brother appealed to the Human Ri^ts Ombudsman to investigate, saying the confession
the police obtained was elicited under torture, and chai^ging the Sixth Criminal
Court with manipulating the setting of a trial date and the setection of the jury.
Aguilar Paves began a hunger strike on October 15; on November 19 the Human
Rights Ombudsman gave the judge 3 days to begin the trial process. A jury acquitted
Aguilar Payes on December 3, and he was then released.
In the investigation of the 1981 El Mozote massacre, the judge of the court of first
instance took testimony and inspected six sites where over 700 men, women, and
children were killed in 1981. Forensic experts from Argentina and the United States
collaborated on the exhumations, which began October 13. The Aiventine team submitted
a 78-page report to the judge on December 17. The physicm evidence (skeletons
of 119 people, 184 cartridge snells, and 245 bullets) comirms a mass murder,
which now appears to have been perpetrated by ESAF units. The four U.S. forensic
experts are expected to submit their report in January 1993.
On March 17, the FMLN turned over FMLN combatants Ferman Hernandez and
Severiano Fuentes Fuentes to government authorities to be tried for the 1991 murders
of two U.S. servicemen whose helicopter the FMLN had downed. The judge is
hearing testimony in the case, which is in the investigative phase.
On December 16, Jose Maria Tojeira, Central America Provincial Head of the Jesuit
Order, jpresented a petition to the President of the National Assembly requesting
a pardon for the two military officers—Colonel Guillermo Alfredo Benavides and
Lieutenant Yuhsshi Rene Mendoza—convicted of the 1989 murders of six Jesuit
priests, their housekeeper and her daughter. Tojeira said that he remains committed
to bringing the "intellectual authors of the murders to justice.
b. Disappearance.
^The Constitution forbids unacknowledged detention by the security
forces or the military.
lliere continued to be charges that persons disappeared after being seized by the
ESAF during 1992, as well as allegations of abductions by the FMLN. There is no
evidence to verify these allegations, however.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Credible reports of torture and abuse of detainees by the public security forces continued
in 1992, although torture is prohibited by the Constitution. Between Julv
and November 1992, the ONUSAL human rights division accepted four reports alleging
the use of torture. Reliable human ri^ts monitors reported that detainees
were threatened, deprived of food, water, and sleep, and beaten. The most severe
Eroblems were beatings and psychological pressure. Most reports charged that
uman rights violations occurred during the 72-hour period of aoministrative detention,
prior to the presentation of a prisoner before a judge. Despite some improvement
as a result of new orders issued by the High Conunand in July 1990 prohibiting
such mistreatment, abuses have continued.
d. Arbitrary Arrest, Detention, or Exile
Although prohibited by the Constitution,
arbitrary arrest and detention continued in 1992. ONUSAL received 428 complaints
of arbitrary or unlawful detention by the security forces during January-November
1992, a reduction from previous years. Frequentty, the police exceed their mandate
by arresting people without a warrant when they have only a suspicion of a crime.
In addition to illegal detentions by the police, ONUSAL reported that members of
the Civil Defense Forces and Territorial Service continued to detain people, even
though they were supposed to have been dissolved under the peace accords.
Almough the police can hold a person for 72 hours before presenting him to a
court, they frequently detained individuals longer than the legally sanctioned time
period. Serious human rights violations could occur during this period, including torture,
forced confessions, and lack of access to counsel. As an initial move to correct
this problem, the Legislative Assembly passed in 1992 the Public Defense Law
which guarantees counsel to indigent defendants from the moment of detention;
however, an inadeouate number of public defenders makes enforcement of this provision
difficult. ONUSAL reported that a large proportion of detainees, many of
whom had been incarcerated four or five years, nad never seen a lawyer.
When the detainee is delivered to the court, the judge may order detention for
an additional 72 hours to determine if the evidence warrants holding the accused
for further investigation. This time limit is normally respected. The Judge is then
allowed 120 days to investigate serious crimes, or 15 days for lesser offenses, before
bringing the accused to trial or dismissing the case. In practice, however, these time
limits are rarely observed.
Procedural time limits are essential for a "speedy trial," a fundamental constitutional
principle. The judicial system, however, remained inefficient, with 79,000
criminal cases, many of which were 5 years or older and inactive. Judges are frequently
criticized for the amount of time it takes to process a case, and for not observing
terms and time periods for diflerent procedures. Most observers agree that
the major obstacles to speedy trials are insuincient criminal investigative capabilities,
inadequate preparation of le^al professionals, weaknesses in the criminal procedure
code, and poor court administration.
Prisoners can remain in jail without a trial or official documentation against them
for years. While the law permits release pending trial for crimes where the maximum
penalty does not exceed 3 years, many common crimes (against property,
homicide, murder, manslau^ter, and rape) carry penalties in excess of 3 years,
thereby precluding release pending trial. As the accused is imprisoned from the moment
apprehended, and the process can take 2 years, the defendant may end up
being incarcerated longer than the actual minimum sentence, and at times the maximum
sentence. Any detained person may request a review (habeas corpus) bv the
Supreme Court. Although this recourse is frequently used, the majority of such ap399
f
teals are denied. However, in 1992 this appeal mechanism was used to obtain the
reedom of individuals in several prominent cases. The Ministry of Justice is reviewing
the habeas corpus mechanism, and reforms are expected to be proposed in 1993.
There are no provisions in the law for exile.
e. Denial of Fair Public Trial
The court structure is divided into four levels: justices
of the peace, courts of the first instance, courts of the second instance (appeals
courts), and the Supreme Court. Jury verdicts can be neither overruled by a judge
nor appealed to a higher court. Sentences, however, may be appealed up to the Supreme
Court. In theory, defendants have the ri^t to the presumption of innocence;
protection from self incrimination; legal counsel; freedom fit>m coercion; to be
present in court; the opportunity to confront witnesses; and compensation for damages
due to judicial error. In practice, almost all of these ri^ts are frequently ignored.
Although nominally independent, the judiciary is severely weakened by political
pressures. Political aJliliation and family ties, rather than professional capabilities,
are the criteria used to appoint judges. Reappointment is often based more on a
judge's political loyalty than on integrity or professional qualifications. Civilian
courts have jurisdiction over military personnel who commit conmion (nonmilitary)
crimes, and judges have shown an increased willingness to investigate ESAF
abuses.
The Government made some progress in addressing problems in the judiciary, improving
the administrative fiind,ions of the courts, iipdating the legal codes, and improving
the overall professionalism of the system. On December 11, two important
judicial reform bills were approved by the National Assembly, one establishing a
new National Council of the Judiciary and the other regulating judicial careers; they
are expected to improve the screening and selection process for jud^s. The Ministry
of Justice has prepared a series of proposals to broaden protection of individual
rights in criminal proceedings.
According to the Supreme Court, the Government has released all political prisoners
except those convicted by a jury and, as stipulated in the amnesty law, others
detained for possible study of their cases by the Truth Commission. A composite list
of persons considered to be political prisoners by the Committee of Mothers of Political
Prisoners, the Disappeared, and the Assassinated of El Salvador (COMADRES),
the Committee of Relatives for the Liberty of Political Prisoners and the Disappeared
of El Salvador (CODEFAM), the Supreme Court, and the statistics office
of the Headquarters for Penal and Rehabilitation Centers, would include approximately
39 individuals. Establishing the precise number of alleged political prisoners,
however, is difficult, as various groups use difierent criteria in identifying those to
whom they apply the label. Identification of political prisoners is also complicated
by the fact that some groups erroneously consider individuals jailed for crimes sudi
as murder—if committed for political purposes—to be prisoners of conscience. However,
there are persons, against whom evidence is spurious (such as Payes—see Section
1. a.), jailed for crimes such as homicide, subversive association, or robbery.
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, the National Police often used forced entry without
a warrant to carry out arrests and investigations. Wiretapping of telephone communications
by the Government, the FMLN, private persons, and political parties is
illegal, but widespread.
Incidents of forced recruitment by ESAF and FMLN forces largely ended once implementation
of the Peace Accords began. FMLN-linked "public scrutiny" committees
exereise a high degree of control over the residents of^ repatriate communities,
and the FMLN has used intimidation to enforce obedience.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedom of the press is provided for by the Constitution,
but sometimes it is inhibited by violence and threats of violence. Violence
and intimidation directed at the press affected foreign correspondents much more
than the national press. A Reuters correspondent was withdrawn suddenly when his
car was destroyed oy a bomb near midnight on New Year's Eve, 1991. This followed
by several weeks an attempt to kidnap him. Upon investigation, however, it was dis-
' covered that the motive for these attempts was personal, not political. In June the
Associated Press and the Interpress Service offices, next door to each other in the
same building, were victims of a fire. The cause of the fire remains uncertain, but
electrical problems may have been responsible. The FMLN-associated wire service,
Salpress, lost its archives on July 2 in a fire which appeared to have been set deliberately.
Salpress claimed that it later received a telepnone call threatening a further
fire and that its director, Ricardo Gomez, received a death threat. Journalists from
Time, Spanish National Radio, CBS ana UPI have been mugged, robbed at gunpoint,
or had their homes burglarized; the UPI correspondent's car was stolen. &me
mtemational journalists maintain that the lai;ge number of miyor crimes striking
their small group is not coincidental.
El Salva
and two cable television systems. The Government operates one television station
and one radio station. Both the Catholic Church and the ESAF operate radio stations;
the FMLN broadcasts on one new station and two formerly clandestine ones,
now fully licensed and operating from San Salvador ofUces. Print and broadcast
journalists from across a wide political spectrum regularly criticize the Government
and report opposition (including FMLN) views. The Government has eliminated the
wartime requirement that journalists carry a government issued identification card
in order to practice their profession.
Academic freedom is provided for by the Constitution and was generally respected
by the Government in 1992. University autonomy prohibits law enforcement omcials
from entering public campuses. The Government continues to express its concerns
that the University of El Salvador campus is controlled by groups linked to the
FMLN, but has refrained from any direct intervention in the university.
b. Freedom of Peaceful Assembly and Association
Any association not formed for
criminal purposes is legal and permitted in El Salvador. Numerous political, professional,
religious, labor, and social oi^anizations, including those allied with the
FMLN, operate without legal restriction. Since the signing of the Peace Accords,
FMLN members and others on the left have regularly neld or participated in open
forums and political rallies without incident. Contentious political issues are now
regularly the subject of seminars, conferences, and media discussions.
c. Freedom of Reli^n.—Freedom of religion is guaranteed by the Constitution
and is respected. Pohtical activity by some religious groups led in previous years to
incidents of intimidation. In 1992, there were two reported incidents against members
of the CNI. Roman Catholicism is El Salvador's predominant and official religion,
but a fast-growing sector of the population now practices other faiths, mostly
evangelical Protestant. These groups practice without mndrance.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution establishes the right of free movement. Article 97
states that foreigners may not involve themselves in the internal political affairs of
the country, ana the Government reserves the right to deny entiy to, or deport, foreigners
believed to violate that section of the law. Freedom of movement throu^out
the countiy is permitted by the Government.
There are no restrictions on citizens changing their residence or work place.
ONUSAL monitored the 15 designated assembly zones^-established by the Peace
Accords—in which FMLN ex-conu)atants and supporters were concentrated during
the cease-fire. As FMLN ex-oombatants were demobilized, ONUSAL issued them
documents with which they were free to leave the assembly zones and reintegrate
into society as civilians. In addition, a major effort is underway by the Government
to issue or replace citizen identification cards in the 115 municipalities affected by
the conflict.
Since 1987, when the first wave of refugees repatriated from Honduras, nearly
27,000 refugees have returned to El Salvador from Honduras, Nicaragua, Panama,
and Cuba with the assistance of the United Nations Hi^ Commissioner for Refugees
(UNHCR). Refugees were not forced to return and were free to decide where
to reside, as long as tne site was legedly obtained. The Government tried to prevent
returned refugees from squatting on private lands, but was not always successful.
Properly documented refugees are free to travel within El Salvador. 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
The Salvadoran people exercise their right to change their Government peacefully
through regularly-scheduled elections (every three years for legislators and locd
government officials, every five years for President and Vice President). Voting is
y secret ballot and there is umversal suffrage. International observers, including
the Organization of American States (OAS), certified that the 1991 legislative and
municipal elections were free and fair. The field of political parties participating in
the elections expanded to include the Democratic Convergence (CD), a coalition of
leftist parties with ties to the FMLN. The CD received over 12 percent of the vote
in the 1991 election and ei^t of 84 National Assembly seats. The CD came in second
in total votes in the capital city. The Nationalist Democratic Union, affiliated
with the Communist Party, joined the political process in 1991 and won 4 percent
of the vote and one seat in the Assembly.
As called for in the Peace Accords, the FMLN icdtiated the process of registering
as a political party in early 1992, and began carrying out full political activity (including
opening local party ofiioes, holding rallies, and utilizing electronic media)
even before the party was leffally registerea. The Supreme Electoral Tribunal (TSE)
tentatively approved the FMLN party registration application in November, and the
party was inscribed on December 14.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
(^Alleged Violations of Human Rights
Domestic human ri^ts oi^^anizations active in El Salvador include the governmental
Human Ri^ts Commission (CDH), the Catholic Church's Tutela Legal, and
the nongovernmental Human Ri^ts Commission (CDHES). Constitutional reforms
ratified unanimously in Sei>tember 1991 created the position of Human Rights Ombudsman;
Dr. Carlos Mauricio Molina Fonseca was elected to the post by the National
Assembly in Februaiy. As the only human rights organization specifically established
by the Constitution, the Ombudsman's ofUce is charged witn the task of
receiving aUegations of human rights abuses committed by government officios, investigating
them and, if warranted, lodging official complaints against specific ofQcials.
Althou^ the Ombudsman's Office was slow to begin monitoring cases, some
of its potential was demonstrated in the Payes case, where the Ombudsman's involvement
led to Payes' trial after 3 years of imprisonment.
Viewed by many as linked to the FMLN, the nongovernmental CDHES focuses
primarily on alleged abuses by the Government. Hie CDHES also follows cases
through the investigation and trial stages, provides free legal assistance, and publishes
monthly reports. Tutela Legal, the human rights office of the Ardidiocese of
San Salvador, also focuses on allegations of government abuses, follows cases, and
publishes periodic reports. Numerous other churoh, labor, university, and other nongovernmental
organizations have human rights offices that also operate without
legal restriction.
ONUSAL is mandated 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 uie FaILN and
also reports directly to the U.N. Secretary General. In its August report, althou^
noting serious weaKnesses in the judicial system, ONUSAL found the overall human
rights situation had improved. Recognizing this improvement, the United Nations
downgraded El Salvadors human ri^ts classification in 1992, assigning Dr. Pedro
Nikken as the U.N. human righto advisor for El Salvador, replacing Special
Rapporteur Pastor Ridruejo.
Various international human ri^ts groups visit or operate without government
restrictions. The International Committee or the Red Cross (ICRC) visited prisoners
and detainees, and made confidential reports to the Government on their treatment.
The ICRC no longer continues its visitation program; in its view there no longer are
detainees falling within the cat^ory of those visited by the ICRC.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Article 3 of the Salvadoran Constitution states that all people are equal before
the law and prohibits discrimination based on nationality, race, sex, or religion. El
Salvador is an ethnically homogeneous country, though a small segment of uie population
claims to have descended solely from indigenous peoples. "Diere is no official
discrimination against them. The Salvadoran National Indigenous Association
(ANIS) was founded to promote indigenous culture and language.
Women, who comprise approximately 54 percent of the Salvadoran population, are
granted the same legal ri^ts as men under the Constitution. In practice, women
suffer discrimination, particularly in not having ecpal access to economic resources
such as credit and land. Mudi of women's labor is outside the cash economy and
not remunerated monetarily. Salaries for women are generally lower than those for
men, and women are disproportionately represented in low pay and low status jobs
in the informal sector. Wages paid to professional women remain lower than those
paid to men in the same profession, and women with lower levels of education working
in nonprofessional jobs are paid considerably less than men. Women in El Salvador
do not receive the same level of education and training as men. The average
level of education conoqpleted by women is about 4 years, almost one year less than
men. Training geared to females tends to focus on areas where they are already economically
active and on generally low-income occupations: teadbing, nursing, nome
industries or small businesses.
Violence against women, including domestic violence, is widespread, but the lack
of reliable statistics countrywide makes it impossible to gauge its extent. There were
60 reported rapes in the capital city of San Salvador in a typical month (September
1992). Rape victims have been encouraged, through a regular newspaper campaign
spearheaded by the Attorney General's office, to come forward and press charges immediately
after the assault has occurred. Medical and police personnel have been
sensitized to their tasks. Since 1991 a public prosecutor nas been 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 the lack of support groups for victims, aggravated by pervasive cultural attitudes.
There are over 100 women's organizations to assist low income women.
Major concerns for women's rights groups are equal rights, unemployment, access
to credit and skills training, illiteracy, health services, family planning, child care,
and violence against women.
Section 6. Worker Rights
a. The Right of Association
The 1983 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. However, a
confusing and sometimes conflicting set of laws governing labor relations has impeded
full realization of the freedom of association called for in the Constitution.
The Labor Code prohibits partisan political activity by unions. This prohibition is
routinely ignored, however, and labor organizations were prominent in partisan activities
during the 1991 elections, which saw eight labor leaders elected to Congress.
In the 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), government, and the private sector.
In Decen^er 1992, the Government submitted its proposals for reforming the
Labor Code to the Forum. The Forum has created two subcommissions and commenced
review of the Labor Code, overcoming a disagreement on which issues would
be addressed first.
Legally, only private sector nonagricultural workers have the ri^t to form unions
and to strike; employees of nine autonomous public agencies may form unions but
not strike. Both labor and management often ignore the onerous and time-consuming
legal requirements to settle labor disputes, making most strikes technically illegal.
Riblic employee strikes are illegal, but frequent, and generally settled through
negotiations between public employee associations and the Government. Public
school teachers struck for over a month, and a 2-day strike in July was honored by
some workers from several government ministries (including the Labor MinistiyJ,
autonomous government agencies, and municipalities.
Approximately 150 trade unions, employee associations, and peasant oiganizations
have a combined membership of 400,000, roughly 15 percent of the work force.
There are credible charges that the Government has impeded union registration
through exacting reviews of union documentation and strict interpretation of the
Constitution, Labor Code, and union statutes. Labor leaders accuse the Minister of
Labor of conspiring with management to frustrate union registration by, for example,
informing management of potential legal challenges to a registration application.
Labor alliances change frequently, but an umbrella organization including
most major labor organizations, the Intergremial, gained new prominence with the
1991 presentation of a draft labor code and labor's participation in the Forum.
Unions freely affiliate with international labor organizations.
Harassment and violence against union and cooperative members decreased in
1992, as did violence in general, with the signing of the Peace Accords. ONUSAL
f>ointed out that the failure of the (jovemment to investigate adequately many vioent
crimes against labor leaders (see Section l.a.) remained a serious proolem.
When two members of the FENASTRAS Labor Federation were killed, allegations
were made that the murders were politically motivated. Subsequent investigation,
however, found that both men were killed in personal disputes. Riot police intervened
in several labor protests when streets were blocked, buildings occupied, or
private property damaged, but generally did not employ excessive force.
The Government has not responded to repeated Latemational Labor Organization
(ILO) invitations, formal and informal, over the past two years, to request an ILO
Direct Contacts Mission to look into and recommend how El Salvador could remedy
violations of freedom of association—mostly murders, disappearances and arrests of
trade union leaders. The ILO Governing Body in November again resetted the
gravity of the violations and lack of government response and made another urgent
appeal.
b. The Right to Organize and Bargain Collectively
The right of collective bargaining
is granted in Doth the Constitution and the Labor Code, although it is generally
accepted that the Labor Code protections are inadequate. The Labor Code
grants this right only to employees in tne private sector and in autonomous agencies
of the Government, such as utilities ana the pjort authority. Both private sector
unions (by law) and public sector employee associations (in fact) use the mechanism
of collective bargaining extensively.
The Ministry of Labor is responsible for overseeing the implementation of coUective
bargaining agreements ana acting as conciliator in labor disputes in the private
sector and autonomous government institutions. In practice, government ministers
and the heads of autonomous government institutions negotiate with their labor organizations
directly, relying on the Labor Ministiy only lor such duties as ofilcially
certiiyiMf unions.
The (jonstitution provides that union ofQcials 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. This
{>rovision is generally observed in practice, but in some cases those attempting to
brm unions have been fired before receiving union credentials.
El Salvador has two export processing zones (EPZ's), one public and one private,
currently operating and two more under construction. Labor regulations in these
zones are identical to those throughout the country. There were complaints from
time to time that companies operating in the EPZ s, as well as other areas, generally
discourage labor organizing. Working conditions in the zones are generally
better than those in similar companies outside them. The public EPZ is located near
El Salvador's main Air Force base and during the war an elite military battalion
was housed there. Access to the zone is controlled by a civilian manager who does
not permit unions to conduct organizingactivities on the premises. The Ministry of
Labor opened a branch office in ooth EPZ's in November 1992. There are no unions
in any of the firms in either zone.
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 generally honored in practice. The ILO's Committee of Experts
has been critictd of provisions in the Penal Code which impose penalties involving
compulsory labor for activities relating to expression ofpolitical opinion.
d. Minimum Age for Employment ofChildren.—The (Jonstitution prohibits the employment
of children under the age of 14. The Labor Code states that exceptions
may be made only in cases where it can be demonstrated that such employment is
absolutely indispensable to the sustenance of the minor and his family. This is most
often the case with children of peasant families who traditionally work with their
families during planting and harvesting seasons. C!hildren frequently work as vendors
and general laborers in small businesses, especially in the informal sector. The
Constitution prohibits the employment of persons under 18 years of age and all
women in occupations considered hazardous. Inspections by the Ministry of Labor,
however, were insufficient to enforce the law.
e. Acceptable Conditions of Work
The Government's national minimum wage
council has recommended increases in the minimum wages for commercial, industrial,
service, and agroindustrial employees. For the most part minimum wages are
inadequate to meet the Ministry of Economy's standard of basic necessity, and an
estimated 40 percent of the population lives below the poverty level. Efforts by the
current (5ovemment to reduce its fiscal deficit and restructure the economy have included
new taxes and reductions in subsidies to some basic services. The Forum
plans to discuss ways to mitigate the negative effects of these policies on the poor.
The law limits the workday to 6 hours for minors between 14 and 18 years of age
and 8 hours for adults. Pi^mium pay is mandated for longer hours. The Labor Code
sets a maximum normal workweek of 44 hours, requiring overtime pay for additional
work and requiring at least 24 hours of rest per week.
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 work
places. The Ministiy of Labor attempts to enforce the applicable regulations, but has
very limited powers to force compliance. While the Mimstry of Labor conducts investigations
which sometimes lead to fines or other findings favoring workers, the outdated
Labor Code and inadequate enforcement severely limit Ministry efiectiveness.
The Ministry of Labor often seeks to conciliate labor disputes rather than attempting
to strictly enforce regulations, leading to charges of oias against labor. Corruption
is anoUier serious problem affectinff labor courts. Increases in applicable fines
and overall improvement of Ministry of Labor enforcement powers are among the
issues to be detennined in designing a new labor code and related legislation. Salva-
doran health and safety regulations are outdated and inadequate enforcement remains
a problem.
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