The Committee on Migrant Workers this afternoon concluded its consideration of the third periodic report of El Salvador on how it implements the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, with Committee Experts commending an international electronic consular services portal, and raising issues concerning the detention of migrants and deportations.
Edgar Corzo Sosa, Committee Chair and Country Co-Rapporteur, commended the State’s electronic consular programme, which he said could be an important tool for migration worldwide. Could the delegation provide more information on the programme? What were its successes?
Mr. Corzo Sosa noted that the State party did not have detention centres for migrants but instead had “migrant return centres” monitored by human rights organisations. What information was available on these centres?
He added that people at a border post who wished to leave the country could be “deported”, according to State legislation. Though the State party had claimed it did not practise deportation, this process was referred to as a deportation. What did the process entail?
Cindy Mariella Portal, Vice Minister of Diaspora and Human Mobility and head of the delegation, said that since 2019, the Government had sought to minimise the structural factors that motivate irregular migration; promote a comprehensive approach to human mobility; and prioritise the value of the Salvadoran diaspora as development partners. “Transforming Lives” and other programmes were created to reintegrate returning migrants and to prevent further migration through skills development. Further, the Vice Ministry of Diaspora and Human Mobility was created to ensure safe migration through regulating all stages of the migratory cycle as well as to improve quality of life for Salvadorians living abroad, regardless of regularity.
The delegation said that in 2021, an electronic consulate for Salvadorians living abroad, which provided legal services in the United States and Mexico, was established. The service would be expanded to Europe. Services were also offered through WhatsApp. 229,000 Salvadorans used the portal in 2022, and so far this year over 14,000 Salvadorans had been helped through the portal.
There were no detention centres for migrants in the country, the delegation said. “Comprehensive Care Centres” were freely available to migrants. Stay in the centres was entirely at-will. Formerly, there had been detention centres, however they were closed under the current administration and those detained were availed of their rights to move and migrate. As part of the “Opening Doors” programme, centre staff evaluated root causes of migration and provided migrants with medical care and sanitation kits.
The delegation said El Salvador executed deportation orders under specific circumstances, such as if the person had entered the country illegally. Following an order to leave the territory, the person could buy a plane ticket to their home country or another by a certain date. If they did not have the funds, the State would step in. If the person did not want to leave, they would be provided a lawyer and a hearing would take place. If the court found their presence was not justified, they would be deported, but otherwise, they would be granted more time to regularise their situation.
In concluding remarks, Mr. Conan Castro, Judicial Secretary of the President’s Office, said that the importance of human rights could not be understated. Continuous dialogue was necessary to keep up with the evolution of human rights. The dialogue with the Committee was important to develop human rights further.
Mr. Corzo Sosa, in his concluding remarks, thanked the delegation for the dialogue. He underscored the importance of receiving information from all sources to better understand the situation of persons in migration. A constructive dialogue was important to monitor the compliance with international obligations.
The delegation of El Salvador was made up of representatives of the Ministry of the Ministry of Foreign Affairs; the Legal Secretary of the presidency, the Ministry of Education; the Ministry of Health; the Ministry of Culture, the General Directorate of Migration and Immigration, the National Civil Police; the Salvadoran Social Security Institute; the Salvadoran institute for the Development of Women; and the Permanent Mission of El Salvador to the United Nations Office at Geneva.
The Committee on Migrant Worker’s thirty-sixth session is being held from 27 March to 6 April. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 5:30 p.m., Thursday 6 April to close its thirty-sixth session.
Report
The Committee has before it the third periodic report of El Salvador (CMW/C/SLV/3).
Presentation of the Report
CINDY MARIELLA PORTAL, Vice Minister of Diaspora and Human Mobility and head of the delegation, expressed condemnation for the events in Juárez, Mexico resulting in the deaths of 40 migrants. Governments could not allow these events to go unpunished. Ms. Portal would be travelling to the site to support repatriation of Salvadorian migrants and therefore would not be present for the rest of the dialogue.
El Salvador was a country of origin, transit, destination and return. As a champion country of the Global Compact for Migration, it was firmly committed to ensuring the protection of all migrants regardless of their status, without any discrimination. The right to migrate was important and should not be a forced choice. Therefore, since 2019, the Government had sought to minimise the structural factors that motivate irregular migration; promote a comprehensive approach to human mobility; and prioritise the value of the Salvadoran diaspora as development partners.
For decades, El Salvador suffered from criminal violence, with 105 murders per 100,000 inhabitants in 2015. The current Government promoted a security strategy to deal with crime and terrorist activity. As a result, March 2023 was a month free of homicides, the first on record in the country’s history. Work was being done to solidify the social fabric through the implementation of Urban Welfare and Opportunity Centres.
The country joined efforts at the inter-institutional and intersectoral levels to provide information on irregular migration and its risks, as well as to prevent migrants from falling into networks of illicit people smuggling. To that end, 13 Comprehensive Service Desks for People in Mobility operated throughout the national territory and served almost 6,000 people in 2022. “Transforming Lives” and other programmes were created to reintegrate returning migrants and to prevent further migration through skills development within their own communities. Psychosocial support was also provided, especially to children of migrant workers. El Salvador had witnessed a decrease in migration since 2019.
El Salvador managed labour migration by identifying companies in countries such as the United States, Canada and other main destinations that allowed Salvadorians to work regularly and temporarily and respected their labour rights.
The country had signed a joint declaration with other regional countries guaranteeing collaboration to combat trafficking and smuggling while supporting safe and orderly migration.
El Salvador’s universal health system benefitted everyone residing in the country, including migrants regardless of their status, and children of migrants were welcome in schools. Migrants were also guaranteed financial services such as tax transfers and access to justice through the Public Prosecutor.
The 1958 Migration Law was repealed following the passing of the Special Law on Migration and Aliens and its respective regulations in 2019. Within its framework, migration and immigration personnel were trained, procedure manuals were updated and “Identification Days” were held, the objective of which was to regularise foreign migrant workers. Dual citizenship was legalised, and 145 passports had been issued to Honduran people.
The Vice Ministry of Diaspora and Human Mobility was created to ensure safe migration through regulating all stages of the migratory cycle as well as to improve quality of life for Salvadorians living abroad, regardless of regularity. Consular services were expanded with the addition of 16 new offices, and a virtual consulate was created. Currently it catered to Salvadorians in the Americas, but would soon be expanded to the diaspora in Europe. A 2022 law ensured the right to vote for Salvadorians abroad. They could vote in presidential and local elections. El Salvador was proud of its progress and ambitious to face challenges such as digitisation and disaggregation of data on migratory flows. It looked forward to a constructive dialogue.
Questions by Committee Experts
PABLO CERIANI CERNADAS, Committee Expert and Country Co-Rapporteur, extended his condolences to the delegation for the events in Juárez. Events such as these were all too common. It seemed that the Salvadorian State party had been quick to replace a legal framework on immigration and foreigners from three years ago. What was the reason for this? The Vice Ministry for Diaspora was of great interest. What were some results of the Ministry’s labours so far? What were the protocols in the country following the deaths of Salvadorian migrants while in transit? Which agencies and bodies handled them? How were families supported? How would justice be assured in other countries? Did the Public Prosecutor work with the foreign support mechanism that Mexico created?
Migrants of different global nationalities travelled migratory routes in Central America. How were they supported? Were they offered transit and what were the regulations on unaccompanied minors? Following agreements with the United States in 2019, standards for asylum and refoulement were concluded. Was there any information on their implementation?
Could more information be provided on return and reintegration? There was also a programme targeting returning female migrants. Did their activities produce any preliminary findings or data about the underlying causes for migration?
EDGAR CORZO SOSA, Committee Chair and Country Co-Rapporteur, asked if the current regulatory legislative framework for migrant workers was in line with the Convention. Information was received that new legislation would be drafted. If this was true, would the new law on human mobility include consultation with civil society? Could the delegation provide more information on the Fund for Special Activities for the Care of Salvadorans Abroad and for Returnees?
It was reported that the State party did not have detention centres for migrants but instead had “migrant return centres” monitored by human rights organisations. What information was available on these centres?
Though the State party had adopted the Convention, it had made a reservation to one article in the Convention on arbitration in the International Court of Justice. Was the reservation still current or would El Salvador accede to the article?
The electronic consular programme was a notable development. Could the delegation provide more information on it? What were its successes? It could be an important tool for migration worldwide. What was the State party position on caravans? El Salvador had seemingly addressed some root causes of migration resulting in a marked decrease in migratory outflows, but had it also banned caravans?
It was reported that, following deportations to El Salvador, the deported could be tried for crimes in the country. Could the delegation address this?
A Committee Expert recalled that in 2022, El Salvador held the presidency of the Regional Conference on Migration. Much work was dedicated to promoting the Global Compact for Migration but the Convention did not receive the same attention. Would El Salvador consider giving more weight to its promotion this year? What support was given to Salvadorians working abroad and what support was given to foreign nationals working within El Salvador?
Another Expert asked if El Salvador had a national human rights commission? If so, was it in conformity with the A-status requirements of the Paris Principles? Was it truly independent? Could it receive reports or complaints on migration?
Responses by the Delegation
The delegation thanked the Committee for their questions, which reminded them of the progress they had made as a country. A social cabinet led by the Office of the President was reactivated this week. After much consultation with stakeholders and civil society, a new law called “Growing Together” was enacted to address the rights, protections and needs to children. The National Council for Childhood had a mandate to protect all children, regardless of their immigration status. The 2021 to 2023 plan addressing the needs of children involved in unlawful migration restored their rights and reintegrated them. Research was underway to address the root causes of migration. Since last year, the National Council for Childhood, together with the Ministry of Foreign Affairs, set up offices in two different Mexico cities which provided children with psychological support pre-departure and upon returning. The family receiving them also received support from social workers to ensure a seamless, stable process in efforts to prevent a second migration. Education and health services were also freely available to prevent a second migration as well. 23 shelters nationwide specialised in childhood affairs. They worked with the Prosecutor General to divide responsibilities. Further, the Office of the Ombudsman was created.
It was not always desirable for the child to return to their original family. In this case, the child was matched to a family through a social work assessment. Early Childhood care centres for ages zero to four ensured that the children of migrants were taken care of, which allowed for parents to work in the best possible conditions.
El Salvador has started a process of implementing inclusive education. The best interest of the child was the core ideal in this transformation. The education system was free to access by any child regardless of their nationality. Meals were also provided. If students had to migrate, an electronic portal allowed them to continue their studies so their reintegration was seamless. Initiatives following COVID-19 restrictions in education were inspirational in this regard.
The Ministry of Health provided healthcare to all within the territory of El Salvador. Care was free of cost. Unaccompanied minors were received in centres dedicated to their social, medical and even nutritional needs.
A specialised prosecutor’s office existed for youth and those in vulnerable situations, including a unit for victims to enforced disappearances. Work was carried out to ensure these populations’ rights, and collaboration between the prosecutor’s office and others was important. Foreign children received documentation regardless of nationality and were placed with families. Collaboration with the unit on forced displacement was important. Following assessment, a preventative approach could be taken to pre-empt displacement and take necessary action.
The General Prosecutor’s Office had a unit to investigate trafficking and smuggling. It was part of a network of offices with the same function in Central America, including in countries such as Mexico and Belize. The Office could receive complaints, verify the identity of those who had disappeared or perished abroad and provided support in safe repatriation.
The General Office of Immigration was working on a draft law to further strengthen labour rights as stipulated in the Convention. It was important to update legislation to keep it current with trends such as remote work, which was not covered in existing legislation. The revision would also eliminate red tape for foreigners. There was also the “Welcome Home” programme.
There were no detention centres for migrants in the country. Comprehensive Care Centres were freely available to migrants. They provided medical care. Stay in the centres was entirely at-will, which was why there were no formal detention centres. Formerly, there had been detention centres however they were closed under the current administration and those detained were availed of their rights to move and migrate. Populations present in the centres included migrants from India, Ecuador, as well as other countries. Due process questions did not apply in the State party’s case as it did not issue deportation orders. The “Opening Doors” programme evaluated root causes of migration and provided migrants with medical care and sanitation kits. Migrants were also directed toward employment.
Migration legislation allowed for the status of “seasonal worker with labour rights”, a status given to anyone wishing to work in the country following proper procedure. Mostly, migrants were seasonal workers. Specific days were designated to issue identification papers. Mobile services where deployed at the border with Honduras to provide documentation for Hondurans born in El Salvador and vice versa, thus ensuring the right to free movement.
The Special Migration Law was compatible with the Convention, but upon review the administration had found that it had flaws. The Government would review and amend it to make sure it protected the right to migrate completely. In 2019, article one was amended to that end. The rights of migrant children were also respected under the law.
The State party had created a legal tool to comprehensively combat trafficking in persons. The legal instrument, which entered into force in 2015, outlined procedures to deal with victims of human trafficking to ensure that recurrence did not take place. The scope of the law applied to any person in the country, regardless of their status or nationality. A council was established to address the issue with representatives from the Ministries of Health, Justice, Protection of Children, Women, Tourism and representatives of the police, among others. The law and council acted together to transform the risk environment, strengthen skills and combat trafficking. Prevention strategies for trafficking sought to eradicate demand. The State party was also a member of the Blue Hearts or “Corazon Azul” campaign that mobilised cultural practices such as art, music, and sport to increase public awareness of the problem. Labour inspectors had also been trained to detect incidents of trafficking in their jurisdictions. During COVID-19, work was still carried out through moving many services online. Operation Guardian Angel was a programme designed to combat trafficking through information communication technology. 81 telephone numbers were discovered through the programme of people sharing child pornography, a blow to organised crime.
Returning migrants were not re-convicted of crimes following their entry into the country. El Salvador had identified five migrant caravans in 2019. Since the adoption of the territorial plan, no caravans had formed because of measures taken to prevent human trafficking. An early warning system was in place to anticipate them.
A good practice in the country was a Labour Market Intelligence programme. The “Opportunities Program” gave people of 18 years and up three months experience in the labour market. Returning migrants were incorporated into the labour market. The needs of single mothers as well as persons with disabilities were considered. Different work permits existed depending on the employee’s status: freelancers could hold permits and could be expended.
Labour agreements with the United States and Canada were monitored through follow-up mechanisms. These monitored where workers were employed and ensured social security for Salvadorian workers abroad. In Canada, residency permits were guaranteed, and negotiations were underway with Spain and Costa Rica. The agreements fostered security and maintained harmony between migrants entering the country and those leaving.
A five-year plan created the Local Development and the Housing Ministry as well as the Territorial Control plan. The plan had yielded results; the country had gone from one of the most dangerous countries in the world to one of the safest in Latin America. Though the Eastern region had previously been underserved, programmes and laws had improved the region and therefore migration conditions.
The Vice-Ministry for Migration had been created under the current Government. A draft law on mobility sought to harmonise the current mobility legislation with all international instruments. Consultations with the international community, multi-lateral organisations and other stakeholders were carried out in the process. The aim was to regulate, care for and reintegrate the Salvadorian diaspora. Opinions were sought from the diaspora so they could re-join the country if they had been deported previously. Fulfilment of the rights of the diaspora included transfer of financial assets, consular protection, training, and protection of cultural identity, health, political rights, and the right to suffrage. For the returned, identification of vulnerable persons was a priority to better respond to their specific needs, whether they be in poverty, poor health or pregnant. The State party hoped to pass the new law soon.
The main functions of the Vice-Ministry were to inform public policy, aid in reintegration and assess vulnerability. It provided consular services and strengthened the links between the Salvadorian diaspora and the country. National and international law was respected regardless of nationality. The Ministry aimed to aid in sustainable reintegration and generated evidence-based policies.
The National Migration Plan was in its consultation phase. The contributions of the Committee would be helpful in its development. Many processes were available to help migrants on transitory pathways and a document was underway to address their needs in line with international instruments. Information was exchanged between this body, the association of deceased and disappeared migrants families and the Argentine team for forensic anthropology. Cooperation used DNA testing to identify individuals.
Family members of migrants who were victims of the events in Juárez had a right to know the facts of the situation. El Salvador mobilised its consular services in Juárez to investigate and ensure the right to truth for the families of the victims. Recently, incorrect data on the number of migrants lost in transit was amended. Coordination was done with the National Council on Childhood to seek out childhood specialists in the area as well.
A labour migration agreement with the United States signed in 2020 linked individuals with employers through “H2A” and “H2B” visas, in line with labour standards. “Labour Links” was a network of consular services available worldwide. Coordination between employers and the consulate was constant and visits were also conducted to ensure labour conditions. The network also assisted with return.
The reintegration of migrants was a priority in managing human mobility. Public officials had been trained and their capacity was increased. In the process, the social fabric was strengthened. One stop shops for people on the move allowed citizens to access all services. Gender-specific measures promoted the reintegration of women migrants. Over 6,000 persons had been sustainably integrated through continued education and skills development. The delegation thanked its consultative partners, including the International Organization for Migration. A one-stop shop was opened in an airport to provide its services to returning migrants. Skills training had been given to returning women migrants for the installation of solar panels as part of a pilot programme in the region. To prevent irregular migration, consultative consular services were widely available to the diaspora. El Salvador was a benchmark for migration globally. Many countries had approached the State party to ask about its strategies and good practises but also to sign agreements.
In 2021, an online centre for Salvadorians living abroad was established which provided legal services in the United States and Mexico, and this would be expanded to Europe. Services were also offered through WhatsApp. 229,000 Salvadorans used the portal in 2022, and so far this year over 14,000 Salvadorans had been helped through the portal. The Convention and its rights were disseminated through trainings and several forums. In 2022, over 500 professionals—nationals and foreigners—were trained on issues ranging from irregular migration, trafficking, childhood migration to foreign affairs services. A more coordinated approach would take place in the future at a grassroots level to promote awareness even further.
The Institute for Access to Public Information was independent and autonomous. It worked with other institutions to promote the Convention and disseminated it through “transparency portals”. Information was also disseminated through social media. Migrants and their families had full access to information on their rights. A public information act also existed to give citizens the power to approach institutions directly to secure the information they needed, provided it was public. The Institute intervened and settled disputes. To date, no one had called on the Institute to intervene, which meant that all information was readily available to both migrants and nationals. The Ministry for the Diaspora also established help lines for those affected by the events in Juárez.
The Government of El Salvador intervened on many levels to prevent outward migration, from improving education and rescuing the agricultural sector to repairing the social fabric to provide security. Inter-institutional work with vulnerable persons was prioritised. Poverty and insecurity stemming from the armed conflict gave rise to a diaspora of three million. Returnees involved in gangs elsewhere brought violence back with them. The territorial plan, the state of emergency and other processes were able to reduce the severity of the gang issue. Urban welfare and opportunity centres helped in establishing security and access to the labour market, aiming to prevent poverty, which motivated people to migrate.
In the past, Governments had been criticised for not listening to the people, but this administration was committed to building initiatives with the people concerned by them. The delegation invited the Committee to visit the country to witness the transformation occurring through grassroots efforts with the vulnerably populations. 98 per cent of the population approved of the Government’s actions.
The issue of human rights was essential to the State party because it was key to a democracy. The creation of the office of the Human Rights Advocate was created through the Constitution and was a part of the prosecutor’s office with legal autonomy that aimed to ensure the protection and promotion of human rights. An adjunct human rights advocate for migrants and citizen security existed. Though the office was not represented in the delegation, it did present a report on the Convention.
Follow-Up Questions by Committee Experts
PABLO CERIANI CERNADAS, Committee Expert and Country Co-Rapporteur, asked if the draft law on human mobility was available for consultation. What were the most important changes between the three-year-old law and this iteration? Which mechanisms were in place to ensure access to justice for those who had lost their lives along migratory routes? What initiatives or processes existed to address unaccompanied children leaving the country to join their parents in the United States?
Several policies had been implemented to promote security and access to employment. Was there a statistical impact on migration or did the migration cycle restart? How were the numbers analysed? There was a large number of Salvadorians seeking asylum in Mexico. In the agricultural sector, what measures had been taken to ensure access to labour rights and good working conditions?
EDGAR CORZO SOSA, Committee Chair and Country Co-Rapporteur, asked about xenophobia and discrimination. Though there were legal provisions in the country, did plans, policies or programmes exist to fight xenophobia, discrimination and incitement to hatred? Survivors of human trafficking required special treatment. Were there shelters for survivors? It was important that the State had made progress in protections against trafficking. Did victims have access to psychosocial services? The Committee had received information of a Cuban migrant worker who had lived in El Salvador since 2007 who had had an application for an extension of a residency permit rejected. What had happened to this person? The Committee had also received reports that a Salvadorian girl and her mother had been waiting for a decision for an asylum request in the United States for 530 days. Could more information be provided about this? People at a border post who wished to leave the country could be “deported”, according to State legislation. Though the State party had claimed it did not practise deportation, this process was referred to as a deportation. What did the process entail? The Committee wished to review the draft law on human mobility.
A Committee Expert congratulated El Salvador on having ratified nine of the key International Labour Organization conventions. Did the State plan to ratify Conventions 189 and 187, important conventions relating to migration and domestic work? Did El Salvador intend to update its outdated labour code? Did migrants have the right to register child births?
Responses by the Delegation
The delegation specified that the Directorate of Migration fell under the authority of the Department of Justice and Public Security. This was different from many other countries, where the mandate fell under the direction of departments of foreign affairs. Migrant workers, especially in agricultural sectors and often from Honduras or Ecuador, benefitted from temporary housing for seasonal workers. Work permits were affordable and accessible. In fact, El Salvador charged the lowest fees for such permits in the region. The entire process would cost the applicant 10 United States dollars. El Salvador, Nicaragua, Honduras and Guatemala participated in the “AC-A4” permit programme, which allowed for free entry and exit. Card bearers could travel through the four countries without interruption by border guards or the army.
Aliens who came as tourists could apply for temporary residence and a work permit, provided they fulfilled certain legal criteria. If they were to work for a company, a contract had to be presented. If they were self-employed, they would have to present their company or business. Responses to applications were given within 15 days following submission. This type of permit application costed between 70 and 140 United States dollars, depending on where the person was migrating from. As residence permits were affordable, no one was discouraged from regularising because of their finances. Furthermore, the Directorate of Migration offered humanitarian visas exceptionally if an applicant could not pay or if they were forced to migrate because of persecution in their home country. Entry into El Salvador cost 12 United States dollars and fees to stay in its borders followed a scaled system depending on where the person was from. Entry, establishment and renewal fees were less for those coming from central America.
El Salvador executed deportation orders under specific circumstances. If the person had entered the country illegally or had been involved in political shenanigans, for example. Following an order to leave the territory, the person could buy a plane ticket to their home country or another by a certain date. If they did not have the funds, the State would step in. If the person did not want to leave, they would be provided a lawyer and a hearing would take place to give the person involved the opportunity to justify their presence on the territory. If the court found their presence was not justified, they would be deported, but otherwise, they would be granted more time to regularise their situation.
The Cuban migrant in question was unknown to the delegation, and it could not comment on the case or if the person was deported or not. Currently, 285 Cubans had been registered as legal residents of the country. They were all gainfully employed. Months ago, two Cubans sought to migrate to Nicaragua and they were not allowed, which left them in a legal limbo. Members of the delegation went to interview them after consulting with the Office of the United Nations High Commissioner for Refugees and then decided to trigger a refugee procedure in El Salvador. Everyone was happy with the outcome. El Salvador respected human rights, and was proud to tell the world that it was free, sovereign and peaceful.
A register of migrants concerning children did not exist because the current register only recorded migrants with permits. Currently, 1,698 children of documented migrants lived in the country.
Anyone found to be in the country without proper documentation would be helped to leave within the respect of their human rights. Article 191 of the special act on migration guaranteed the right to appeal administrative measures. Appeals could be lodged against the court that handed down the decision and could be exercised throughout the migration process. Only after administrative processes were exhausted did decisions take effect.
El Salvador had received over 70 per cent more visitors in the first quarter of 2023 compared with the same period in 2022. The income status of visitors was also different—many visitors’ destinations in 2023 were four-star hotels in the Rosa Region of brands such as Crown Plaza or Sheraton. People were curious about El Salvador and no longer thought of it as a country ruled by the mara gangs. All of this was possible thanks to the current President’s policies.
The Government of El Salvador was determined to empower all women in the country, including refugees and victims of trafficking. Protection centres existed to offer shelter, clothing, health care and other forms of care, in cooperation with the Children’s Ministry. Agencies cooperated with the shelter system to provide access to housing following stays in the centres. A shelter for returnees and their children gave protection and care to women in all their life aspects.
The bill for the human mobility law was not available as discussions on it were ongoing. Two bills falling under the docket of the law were available, however. The human mobility bill aimed to complement existing legislation. The consultative process had been ongoing for months. The goal was to establish a comprehensive legal framework. Multi-stakeholder meetings with organisations such as the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration continued to support the bill’s development. The Bill would guarantee the rights of the diaspora, such as to vote from abroad in presidential and local elections or express their interest in electoral offices. An advisory board for electoral processes conducted meetings with the diaspora online and through visits to the United States to take the perspectives into account. The bill considered the interests of vulnerable populations such as irregular or returning migrants in poverty. Further, the elderly, those with chronic diseases or disabilities, victims of trafficking in persons and those affected by climate disaster were among the groups addressed within its current text.
A national convention on domestic workers was in place for over a decade and all was being done to implement it. The people of El Salvador respected the process, as evidenced by their overwhelming approval rating of the current administration. During the last twelve years, the State party had signed many instruments and had improved greatly but also recognised that room for improvement always existed.
To pay the historic debt in the labour field, the State party had ratified five International Labour Organization conventions on safety in the workplace, unions, maternity leave and violence and harassment. The State party was consulting with the Organization regarding the ratification of other conventions. On 27 March of this year, the Ministry of Labour announced that it would promote the ratification of additional conventions. Convention 187 on Health and Security in the workplace was the priority. This activity aimed to bring the country’s protections in line with international frameworks and demonstrated the State party’s commitment to comply with such frameworks. The labour code had not been revised since the 1970’s and would be reviewed under a bill still in its draft stages. The review would hopefully be considered soon.
The Vice-Ministry of Diaspora would keep return and transit indexes as well as data on asylum requests in other countries. Compared to December 2022, migration rates to the United States had reduced significantly. Returnee flows increased to 5,000 persons per month by President Bukele’s election in 2019, and by June that figure had decreased. The administration was working to return to the former figures. There had been a reduction of 14 per cent in asylum requests in Mexico in 2022 compared to 2019. Asylum requests in the United States had reduced by 55 per cent compared to 2019. A reduction overall was observed since the policies focusing on the social and economic development were implemented.
El Salvador sought to support access to justice for Salvadorians in the United States and Mexico if their rights were violated. A mechanism supported such work. For those who were deported from the United States, guidance was given to families depending on the person’s request. If the person wanted to return, support was provided for family reunification. If the person chose to seek international protection, they were offered representation during the entire process. Unaccompanied minors who left the country were supported through the Central American Minors programme, as well as the Family Reunification Task Force for families. Agreements with the United States would ensure safe and orderly migration. The girl and her mother who had been in protection for 530 days had started an asylum process in Laredo, Texas. The Consulate inspected their conditions and verified that both the mother and her child were receiving legal assistance from a non-governmental organisation. Following a rejection, their application was approved on appeal, which was the reason for their long stay. The Consulate had no control over the process and could only ensure that their human rights were not violated.
The National Register of Natural Person was designed to register Salvadorians at home and abroad through issuing a single identification document. The Register’s mandate allowed for proper reception of returning migrants in good conditions and the verification of their identity if they arrived without documentation. If a minor arrived unaccompanied, the Register’s database allowed for an efficient search for family or guardians. A centre for services would be established to issue identification papers. Under the Register’s mandate, over 3,000 identifying documents were granted. The Register provided services in the case of detention and death to migrants en route. Collaboration with consular services led to expedited repatriation processes. Fingerprinting was important in the issuance of identification documents. The Register’s work allowed for Salvadorian migrants to be identified following the tragic events in Mexico last week.
The office of the Public Prosecutor had the authority to investigate any human rights violation or destruction of registered property abroad. All Salvadorians who had been victims of crimes abroad could report their cases to the competent Salvadorian authorities in their search for truth and reparation. In the cases of trafficking and smuggling, prisons sentences were handed down and offenders were ordered to pay damages. Victims of trafficking abroad were provided with legal assistance, consular services and psychological support during the judicial process. An inter-institutional mechanism in place since 2010 was triggered to allow for the exchange of information between all institutions in the case of migrants dying abroad. DNA samples were matched with a DNA database to identify victims.
The “Growing Together” law protected the rights of children, regardless of nationality or migratory status. It also protected the rights of Salvadorian migrant children abroad. The Office of the Public Prosecutor also provided them with representation necessary for a safe return to the country. Following their return, children were informed about and provided with access to the services available to them. Psychosocial care, as well as leisure activities, housing and monetary aid were also provided following a reception and interview process.
Undocumented migrants who wished to repeat the migration cycle were informed of the risks. Those wishing to settle in El Salvador were provided with a “life plan”. A programme was in place that provided lasting solutions for persons with specific risk-profiles if they were to stay in the country. Another programme granted conditional entry into the United States.
Instruments ensuring transnational care. The regional conference on migration was a forum to establish greater coordination of migration within the region. It also sought to create a coherent framework of laws on immigration, highlighting the link between migration and development. Instruments aiding in this task were the Convention on the Rights of the Child as well as the interinstitutional protocol for the care and protection for migrants of El Salvador, among others. As El Salvador was a party to the Convention on the Rights of the Child, it adhered to its tenants.
The Consular General’s office carried out campaigns to prevent irregular migration. The work carried out was effective, empathetic and aimed to uphold the rights of all.
Questions by Committee Experts
PABLO CERIANI CERNADAS, Committee Expert and Country Co-Rapporteur asked about the links between disability and migration. Were there initiatives in this area to address the needs of returnees who had obtained a disability abroad? Could the delegation provide statistics about cases on identification and reparation for migrants who had suffered rights violations abroad? What reparative measures were given to families of those who had died or been murdered on their migration routes? Did a mechanism exist to ensure transparency and inclusion of civil society in the implementation of the recommendations of all treaty bodies?
EDGAR CORZO SOSA, Committee Chair and Country Co-Rapporteur noted complaints from other treaty bodies. Following the State party’s 2022 report to the Committee against Torture, updated statistics were lacking. The Committee noted a high level of internally displaced persons and challenges to ensure adequate care for them. What statistics existed as to the actual number of internally displaced persons?
The situation of human rights defenders who had been targeted with reprisals was concerning. Did a State mechanism exist to defend them? The Committee on Economic, Social and Cultural Rights raised the concern that article three of the Constitution on equality and discrimination was not comprehensive. Would the State party review it to address discrimination based on race, sex, language or other criteria?
Responses by the Delegation
The delegation said all the rights of persons in detention were guaranteed. Within the Office of the Counsellor General of the Republic, a unit for enforced displacement existed. In the past, gang activity produced high number of displaced persons, but there had been a stark decrease in recent years. The Counsellor General of the Republic opened his doors to all human rights defenders and agencies who wished to investigate any situation, however the Office did not have the capacity to follow up on all complaints.
Closing Statements
CONAN CASTRO, Judicial Secretary of the President’s Office, said that the importance of human rights could not be understated. Continuous dialogue was necessary to keep up with the evolution of human rights. The dialogue with the Committee, which members from over 30 State institutions had participated in, was important to develop human rights further. Technology played an important role as well, as in-person meetings would not have allowed for such a high-level delegation to be present. The delegation called on the Committee to ensure this format going forward.
EDGAR CORZO SOSA, Committee Chairperson, thanked the delegation for the dialogue. He underscored the importance of receiving information from all sources to better understand the situation of persons in migration. A constructive dialogue was important to monitor the compliance with international obligations. In response to Mr. Castro’s comments on the hybrid format, Mr. Corzo Sosa said that an in person meeting would be ideal as it would allow for the delegation and the Committee to exchange more than just words. The Committee was aware of the restrictions that some countries had, but in-person meetings were still preferable, and the Committee hoped to return to such a format for meetings with El Salvador in the future.
Source: OHCHR
