El Salvador: News & Updates

Bukele’s “state of exception” – declared at the end of March and recently extended until late July – has outraged human rights activists who say massive human rights violations are being committed. “They have detained tens of thousands of people, many of them because of their physical appearance or because they have tattoos … We have found case after case in which the people [being arrested] have no links to gangs,” said Tamara Taraciuk, Human Rights Watch’s acting director in the Americas. “The reality is, this could happen to [anyone].” Exhausted with years of rampant gang violence, however, many Salvadorans see little extreme about Bukele’s crusade, which the president compares to chemotherapy and insists will continue until “the metastatic cancer” of crime is eradicated.

In February, four women sat down before the full glare of El Salvador's press. Between them, they had served nearly 50 years in prison. Their crime was to have the misfortune of suffering a miscarriage - in a country with one of the strictest abortion laws in the world. As recently as May, a woman identified as "Esme" was sentenced to 30 years, also for aggravated homicide following a miscarriage. But protests have been difficult since the country's controversial president, Nayib Bukele, imposed a state of exception giving the police wide-ranging powers of arrest. 

Now in its third month, El Salvador’s state of exception rolls on with no end in sight. The protracted emergency, which has thrown all constitutional guarantees aside, began after the gangs—MS-13 and Barrio 18—unleashed a homicide wave at the end of March that left 87 people dead in the quick span of 72 hours. The government responded with a forceful crackdown that has since detained more than 40,000 Salvadorans, the vast majority of whom have little to do with gang activity. According to the human rights group Cristosal, at least 18 people have been killed in custody.

El Salvador extended a controversial state of emergency to combat gangs for the third time on Tuesday, prompting criticism from human rights organizations over the suspension of constitutional protections. President Nayib Bukele's government first passed what was meant to be a 30-day measure in late March after the Central American country's murder rate spiked. Lawmakers overwhelmingly voted to extend the measure for another month beginning June 25, giving security forces extra powers to fight violent gangs. The extension passed with 67 votes in favor out of a possible 84, with 15 against.

On March 27, El Salvador imposed a state of exception suspending certain civil liberties, according to data from Amnesty International shared with Al Jazeera. More than 40,000 people have since been arrested. Salvadoran President Nayib Bukele called for the emergency measures as part of a crackdown on gangs, following a surge in homicides that left more than 80 people dead in a single March weekend. Human rights groups say the policy has led to widespread human rights abuses, including deaths in state care as the already overpopulated prison system has extended even further past its breaking point.

Like other sectors of the population, artisanal fishers work in almost absolute vulnerability, without any social measures to protect them or provide adequate coverage from the accidents or illnesses they face on a daily basis, and with only precarious health systems to rely on. According to a FAO report from January 2021, in El Salvador in 2018 the fishing sector employed about 30,730 people, with a total fleet of 13,764 boats, 55 of which were used by the industrial sector and the rest by artisanal fishers, 50 percent of whose boats were motorized. FAO urged the countries of Central America to begin efforts to incorporate artisanal fisheries into national social security policies, during the Mesoamerican Forum on Social Protection in Artisanal Fisheries and Small-scale Aquaculture, held in May in Panama City. The UN agency pointed out that worldwide, small-scale fishers account for half of the world’s fisheries production and employ 90 percent of the sector’s workforce, half of whom are women.

On April 27, a group of progressive Members of Congress called for withholding all military and security aid to El Salvador, Honduras and Guatemala in light of “human rights violations” resulting from “state violence.” In parallel letters to the House Appropriations subcommittee on State and Foreign Operations and to the subcommittee on Defense, which will soon propose 2023 spending bills for each department, the members expressed concern regarding “the use of U.S.-trained and equipped security forces for civilian repression” and sought support from committee leadership to “restrict police and military financing” to all three countries.

Three years have passed since the end of the former leftist administration in El Salvador, and popular social movement groups are decrying that the country is dangerously heading towards the consolidation of a dictatorship. This was expressed on June 1st by hundreds of people who gathered in various parts of El Salvador and in other cities abroad, such as Washington D.C., to denounce human rights setbacks under President Nayib Bukele on his third anniversary in office. As a representative of the Popular Resistance and Rebellion Bloc, Marisela Ramírez, summarized, the Bukele’s administration has meant “three years of the most serious and systematic violations of human rights since the Peace Accords were signed, with persecution of the press, political, religious and academic opponents, a dramatic rise in disappearances and the tripling of the number of migrants fleeing the country for fear of violence or hunger in search of a better life and also political asylum. [In sum] an inadmissible, intolerable, and condemnable setback.”

Since May, there has been an alarming trend of social movement leaders being arbitrarily arrested in the context of the nationwide State of Exception. Under the State of Exception, which was approved on March 27 for a 30-day period, but which has already been extended twice, raising concerns that the Bukele administration seeks to maintain its expanded power in perpetuity, constitutional rights such as the right to due process and the right to defense are suspended. A person can be arrested without a warrant and held for up to 15 days without charges being presented. As of June 5, the government reports that the total number of people arrested has since risen to over 37,000. As news outlet Gato Encerrado has reported, the number of people incarcerated in El Salvador has doubled within the span of less than three months.

In the Salvadoran Constitution, Article 29 establishes the Regime of Exception aka State of Emergency, to respond to extreme circumstances, such as war, invasion of territory, rebellion, sedition, catastrophe, epidemic, or other general calamities, or serious disturbances of public order. Thus, it is possible to suspend freedom of movement, expression, association, assembly, and inviolability of communications, among other rights. At midnight on March 27, 2022, the Legislative Assembly, which was by that time fully controlled by the ruling party, imposed an Regime of Exception of for 30 days, in response to a spike in homicides that claimed the lives of 62 people in a single day. These are the articles that were affected by the 30-day suspension.