El Salvador 2023 Human Rights Report

Executive Summary

Under the state of exception, reports of gang violence decreased

significantly, allowing citizens to exercise their right to life, liberty, and
security of person, and to engage in daily activities and commerce without
the constant threat of violence and extortion. Arbitrary arrests and mass
pretrial hearings, however, undermined due process and exacerbated
historically difficult conditions in overcrowded prisons.

Significant human rights issues included credible reports of: unlawful or

arbitrary killings; enforced disappearance; torture or cruel, inhuman, or
degrading treatment or punishment by security forces; harsh and life-
threatening prison conditions; arbitrary arrest or detention; serious
problems with the independence of the judiciary; arbitrary or unlawful
interference with privacy; extensive gender-based violence, including
domestic and sexual violence, and femicide; substantial barriers to sexual
and reproductive health services access; trafficking in persons, including
forced labor; and crimes involving violence targeting lesbian, gay, bisexual,
transgender, queer, or intersex persons.

The government took credible steps to identify and punish officials who may
have committed human rights abuses.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
85
 Page 2 of 44

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or

Politically Motivated Killings

There were reports that the government or its agents committed arbitrary
or unlawful killings, largely stemming from deaths of detainees while in
prison, either from medical neglect or physical abuse. The human rights
nongovernmental organization (NGO) Socorro Jurídico Humanitario
recorded the deaths of 79 detainees as of August 16 and determined that 33
of the deaths were violent. The human rights organization Cristosal
confirmed 71 deaths of detainees and determined that 13 of the deaths
showed signs of violence, including beatings by a club or baton. In March
the newspaper El Pais interviewed several released detainees, one of whom
stated prison guards beat his cellmate to death. Socorro Jurídico
Humanitario reported that 21 detainees died from a lack of medical
attention. Cristosal reported two of the detainees who died had anemia and
11 died of complications from illnesses such as diabetes to chronic kidney
disease.

On June 13, the attorney general announced his office had investigated 143
deaths in prison during the state of exception and that his office, in
conjunction with the Institute for Legal Medicine, had determined the 143
deaths resulted from pre-existing conditions or illness.
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
86
 Page 3 of 44

The government reported that widespread killings by criminal gangs

decreased significantly in comparison with previous years. The Attorney
General’s Office reported intentional homicides of a criminal nature
(excluding ones resulting from a family or social dispute) decreased from
366 during the first half of 2022 to 32 during the first half of 2023. The
government and observers widely attributed the decrease to the
government’s policies under the state of exception, declared in March 2022
and extended monthly. As of December, it continued in effect. Despite the
reduction, the Observatory for Human Rights at the University of Central
America, a human rights think tank, argued the government homicide
figures could have been undercounted, as they did not take into
consideration the number of human remains located or disappearances
reported.

b. Disappearance

There were regular reports that security and law enforcement officials
arrested persons and did not inform their families of their whereabouts.
Socorro Jurídico Humanitario reported that as of August, it was tracking
1,376 cases in which the families of those detained under the state of
exception did not receive confirmation that their relatives were in the prison
system, information regarding their whereabouts, or confirmation that they
were alive. Socorro Jurídico Humanitario also reported that in three cases,
detainees’ bodies were interred before their families were notified of their

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
87
 Page 4 of 44

deaths. The Human Rights Ombudsperson’s Office (PDDH) received 17

complaints regarding the lack of information on detainees under the state of
exception.

Media and human rights groups reported cases of disappearances and

missing persons continued to occur, although it was often impossible to
distinguish between a “disappearance” and a “missing person,” due to
limited law enforcement resources to investigate. In June the Foundation of
Studies for the Application of Law calculated there were 2,397 unresolved
cases of missing persons first reported between January 2019 and June
2022. The National Civil Police (PNC) reported that of the missing persons
reported from January to August, 143 cases remained unsolved as of August
11.

On March 27, the minister of justice and public security announced that
investigations into disappearances would remain suspended, as authorities
continued to prioritize capturing gang members.

c. Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment, and Other Related Abuses

The law prohibited such practices, but there were credible reports that
government officials employed them.

Human rights organizations and media outlets reported complaints of abuse

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
88
 Page 5 of 44

and mistreatment of detainees by prison guards. On July 14, a coalition of

human rights organizations at an Interamerican Human Rights Commission
public audience stated they collectively interviewed more than 100 released
detainees, many of whom reported systemic abuse in the prison system,
including beatings by guards and the use of electric shocks. The coalition
alleged the treatment of prisoners constituted torture.

On March 25, the newspaper El País reported a man released from Izalco
prison said guards beat one of his cellmates to death with batons and the
butts of their rifles. He also said guards activated electric stun guns against
the prison’s wet floors to deliver electric shocks to all the prisoners in a cell.

Cristosal spoke with the family of a prisoner who died of stomach cancer on
February 10, after being released from Zacatecoluca prison on January 28.
Cristosal reported his body showed signs of torture, including significant
bruising on his back and stomach, as well as signs of malnutrition and
gastrointestinal hemorrhaging.

There were sporadic complaints of mistreatment by police and members of

the armed forces. As of July 26, the PNC registered 48 complaints of threats
committed by police officers. As of July 31, 129 victims registered
complaints with the PDDH regarding the violation of physical integrity,
mistreatment, or physical abuse by the PNC, and seven registered
complaints of the same abuses committed by members of the armed forces.
Five victims registered complaints with the PDDH concerning torture or
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
89
 Page 6 of 44

cruel and inhuman punishment at the hands of PNC officers, and one victim
registered a complaint of the same treatment committed by members of the
armed forces.

The judiciary continued prosecuting several cases from the civil war against
members of the armed forces. The judge in the 1981 El Mozote massacre
case continued to hear witness testimony. The government, however,
continued to deny expert witnesses access to military archives to determine
criminal responsibility for the massacre, in defiance of a 2020 judicial order.
On February 7, a judge opened trial proceedings against three former
soldiers who allegedly belonged to a death squad that kidnapped, tortured,
and killed civilians in San Miguel during the civil war. This was the first time
a case involving death squad members had come to trial.

Impunity was a problem in the General Directorate of Penal Centers,

particularly for prison guards. Human rights organizations noted the
Attorney General’s Office had not opened any complaints into the
allegations of torture, abuse, or mistreatment by prison guards.

Some concerns remained regarding impunity in the PNC and armed forces.
The state of exception empowered security forces to make arrests without
meeting traditional evidentiary standards, and media and civil society
reported some security officials might have used that authority to extract
bribes, sexual favors, or other concessions from citizens. Some members of
the security forces were convicted, however, and were facing criminal
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
90
 Page 7 of 44

proceedings for misconduct, such as sexual assault.

Prison and Detention Center Conditions

Prison conditions before the state of exception were harsh and life
threatening due to gross overcrowding; inadequate sanitary conditions;
insufficient food and water shortages; a lack of medical services in prison
facilities; and physical attacks. The addition of 72,000 detainees under the
state of exception exacerbated the problem. Human rights organizations
reported that as of August 22, more than 70 detainees died in prisons from
violence, insufficient medical care, and chronic health conditions.

Abusive Physical Conditions: Prisons were severely overcrowded, as the

number of detainees increased and only a limited number were released.
As of July, the government reported that 71,776 persons were detained
under the state of exception. In 2021, the prison system had a capacity of
30,000 and was already overcrowded. The government inaugurated a new
prison with a reported capacity for 40,000 on January 31, but as of
September, only 12,000 detainees had been moved into it. A prisoner
released from the Izalco prison reported that 100 prisoners were held in a
cell built for 50.

Detainees released from the Izalco and La Esperanza prisons reported a lack
of food and potable water and being limited to two tortillas, one spoonful of
beans, and one glass of water per day. They also reported limited water for

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
91
 Page 8 of 44

sanitation. Human rights organizations noted released prisoners reported

severe heat and lack of ventilation in the cells and prolonged confinement,
without the opportunity for movement or the use of sanitary facilities.

Released prisoners and their families reported a lack of access to medical

care or medicine in prison. One released prisoner reported to El País that
his diabetic cellmate received insulin only two or three times during his
period of incarceration and died suddenly in his sleep. Although families of
prisoners were often instructed to bring medicine to the prison for the
prisoner, the medicine often did not reach the prisoner. Human rights
organizations reported communicable diseases such as tuberculosis and
scabies were widespread in the prisons.

Human rights groups and news outlets reported unsanitary conditions and
limited food and medical care in women’s prisons. There were reports of
life-threatening lack of medical care or sanitation for detained pregnant
women and young children held with their mothers. On July 24, the
newspaper El Faro published an interview with a released prisoner who gave
birth while in prison. She reported being held in a unit with 150 other
pregnant women in the Izalco prison farm, with two doctors assigned to
them. She reported receiving only sporadic prenatal care and extremely
limited access to medicine. Cristosal published a statement from a released
prisoner who reported many pregnant women miscarried due to a lack of
medical care.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
92
 Page 9 of 44

Young babies often stayed with their mothers in prison and received limited
medical care, despite widespread scabies and other communicable diseases.
The newspaper El Diario de Hoy reported that on May 17, a girl, age one,
died of pneumonia after being held in Apanteos prison with her mother for
six months. Socorro Jurídico Humanitario reported a baby, age six months,
born while his mother was held in Izalco, died of kidney failure, liver failure,
and pneumonia on June 26, six days after he was transferred from the
prison to the care of other members of his family.

Administration: The PDDH had the authority to investigate allegations of

abusive conditions in prison; however, the human rights ombudsperson
reported the PDDH did not receive access to visit prisons during the year.
PDDH representatives conducted 32 visits to jails in the Ahuachapan
Department, where they found the detainees’ basic needs were provided
for but detainees were transferred to prisons within five days of their arrest,
without the ability to contact their families.

Independent Monitoring: The International Committee of the Red Cross

had access to prison facilities.

d. Arbitrary Arrest or Detention

The constitution prohibited arbitrary arrests, and the law provided for the
right of any person to challenge the lawfulness of their arrest or detention in
court. The state of exception, itself a legal mechanism, suspended the right

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
93
 Page 10 of 44

to legal defense, as well as the requirement that persons be informed of the

reason of their arrest at the time of their detention, and increased the
number of days an individual could be held in detention before being
formally charged. The government did not always observe the requirements
of the law and constitution.

Arrest Procedures and Treatment of Detainees

The constitution required a written warrant for arrest, except in cases where
an individual was caught in the act of committing a crime. The language of
the state of exception decree did not detail changes to enforcement
procedures.

Security forces arrested suspected gang members or collaborators “in the

act” of being a gang member or collaborator without a warrant and entered
homes without warrants, ostensibly with verbal permission of the residents.
The state of exception decree suspended the right to legal counsel, and law
enforcement agents did not wait for suspects to obtain counsel before
questioning them.

A July 2022 change in the law provided that hearings for gang membership
charges could proceed without the detainees’ physical presence, although
with defense counsel participating in person. Many detainees’ hearings
were conducted virtually and en masse, often with one defense lawyer in
the courtroom representing hundreds of persons appearing by video, unable

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
94
 Page 11 of 44

to consult with their defense lawyers in real time or hear the proceedings
because of technical problems, complicated by the number of participants.

In July the Legislative Assembly approved legislation for the prosecution of

detainees under the state of exception cases, eliminating the previous
provision that a criminal process could not exceed 24 months. As of
November, no case from the state of exception had gone to trial.

The court system was slow to respond to habeas corpus petitions filed by
those challenging their detention under the state of exception. In July
Socorro Jurídico Humanitario submitted 1,285 requests for habeas corpus
and received 28 responses, of which 25 were declared inadmissible.

Arbitrary Arrest: As of July 31, the PDDH reported 738 complaints of

arbitrary detention, compared with 283 from January to July 2022. Civil
society entities also received complaints from the public regarding arbitrary
arrests during the state of exception, although fewer than in 2022. Cristosal
reported that as of August 9, it received 348 complaints of arbitrary arrest,
compared with 3,110 such complaints in 2022. Several human rights
organizations asserted that many detainees who remained in pretrial
detention were arrested arbitrarily in 2022, without evidence of gang
affiliation and only for having tattoos or living in a gang-controlled area.
Leaked arrest files of 690 persons detained in March-April 2022 showed 50
were charged with being a gang member based on a suspicious or nervous
appearance, and 50 for having a tattoo, with no indication if the tattoo was
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
95
 Page 12 of 44

gang-related.

The government established an anonymous tip line to provide information

about gang members. Media reported cases in which detainees, or their
families, believed they had been arrested on the basis of anonymous
complaints. On March 30, in an interview with the BBC, the vice president
declared police did not carry out arrests based on tattoos or being named in
an anonymous call. He stated the government maintained a database of
profiled gang members and carried out arrests based on that database. The
vice president acknowledged it was possible persons with no gang ties were
arrested but noted that courts released more than 3,000 detainees after
determining they had no such ties. On August 22, the minister of justice and
public security reported that of the more than 71,000 persons arrested
under the state of exception, approximately 7,000 had been released.

On July 28, the PNC reported four police officers were arrested on charges
of detaining civilians and extorting their relatives for money in exchange for
their release.

Pretrial Detention: Lengthy pretrial detention was a significant problem.

COVID-19 pandemic closures had already severely delayed trial and hearing
dates, and the sharp increase in cases during the state of exception further
exacerbated the situation. For example, in the majority of hearings, judges
ordered defendants to remain in detention even when the Attorney
General’s Office failed to provide sufficient evidence demonstrating
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
96
 Page 13 of 44

defendants were affiliated with a gang.

In March the Foundation for the Study of the Application of Law noted
prosecutors often requested extensions to the six-month evidence-
gathering period due to their large caseload resulting from the state of
exception. This further prolonged pretrial detention.

e. Denial of Fair Public Trial

The law provided for an independent judiciary. The government held

approximately 72,000 detainees to try under the state of exception but
presented no plan to accomplish this. The government indicated it likely
would resort to mass trials, calling into question the availability of a fair
public trial for these detainees.

Trial Procedures

The law provided for the right to a fair and public trial, but the state of
exception suspended the right to be informed promptly of charges and the
right to defense. Other rights were not always respected. The law allowed
for trials for gang membership charges to proceed without the defendants’
physical presence, although with defense counsel participating in person.
On July 26, the Legislative Assembly approved amendments to the law that
would allow collective trials with up to 900 defendants for those who were
already detained under the state of exception and were charged as gang

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
97
 Page 14 of 44

members. No case of persons detained under the state of exception had

gone to trial as of November.

After implementation of the state of exception, the demand for public

defenders exceeded the capacity of the Public Defender’s Office. One public
defender noted in 2022 that his caseload had grown from 45-50 new cases a
month to 95 new cases a day. In March the Foundation for the Study of the
Application of Law reported that defense lawyers continued to be
overwhelmed by cases.

Political Prisoners and Detainees

The government arrested or continued to detain sitting and former

politicians from opposition parties and the governing party. Media
questioned the legitimacy of the detentions, but the government declared
the charges against them were legitimate. The detainees were generally
subjected to the same harsh prison conditions as convicted prisoners.

As of August 24, Ernesto Muyshondt, former mayor of San Salvador and a

prominent opposition politician, had been detained for more than two years
and two months, even though the criminal code prior to the state of
exception did not allow for defendants to be held for more than two years in
pretrial detention without a sentence. Arrested in 2021, he was acquitted of
misappropriation of tax withholdings and breach of duty on August 9. The
remaining charges against him were for appropriation of five million dollars

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
98
 Page 15 of 44

in labor contributions and also electoral fraud and illicit associations for
allegedly negotiating with gangs in exchange for votes in the 2015 legislative
elections.

Muyshondt developed serious health problems during his detainment and in

2022 said that while detained he was beaten and tied up. In January he was
hospitalized after a four-week hunger strike. Prison officials did not comply
with seven subsequent orders issued by a judge for Muyshondt to be taken
to a hospital. During a preliminary hearing on April 23, Muyshondt said
prison officials planned to kill him and that the Director of Penitentiaries,
Osiris Luna, had denied him access to a hospital for 63 days.

Two former Farabundo Marti National Liberation Front (FMLN) party

officials, charged in 2021 with money laundering and illicit enrichment,
remained in detention. Three other former FMLN officials also charged in
the same case were under house arrest. Defenders of the three claimed
they were detained for political reasons, while the government asserted the
charges against them were legitimate. Investigations continued as of
October.

On January 11, six former FMLN guerrillas were arrested in Santa Marta,
Cabañas, for the 1989 kidnapping, torture, and killing of Maria Inés
Alvarenga during the civil war. Many in the Santa Marta community recalled
the accused parading Alvarenga’s body around town as a warning and few
denied the allegations, but they said the government was pursuing the
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
99
 Page 16 of 44

charges for possibly political reasons. Five of those arrested were members
of an FMLN-linked community organization that advocated against mining.
Defenders of those arrested claimed authorities chose to prosecute the case
to silence their environmental activism. The repeal of the civil war amnesty
law in 2016 allowed for the prosecution of cases from the civil war. The
government declared the charges against the former guerrillas were
legitimate and based on testimony from multiple witnesses.

f. Transnational Repression

Not applicable.

g. Property Seizure and Restitution

Not applicable.

h. Arbitrary or Unlawful Interference with Privacy, Family,

Home, or Correspondence

The constitution prohibited such actions. Reforms to the criminal code

introduced in 2022 allowed the Attorney General’s Office to carry out a wide
range of undercover digital monitoring activities without a warrant, with no
restrictions on scope or duration. There were allegations the government
tracked journalists, members of NGOs, and political opponents and collected
information from private messages on their cell phones. There were reports

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
100
 Page 17 of 44

security forces entered homes without warrants.

As of August, the Association of Journalists of El Salvador (APES) reported

two cases of government officials monitoring of journalists, two cases of
surveilling journalists, and one case of illegally accessing the telephone of a
journalist.

The PNC reported that as of July 26, they received nine complaints that
police officers entered homes without a warrant.

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the

Press and Other Media

The constitution provided for freedom of expression, including for members

of the press and other media, and the government generally respected this
right. Journalists, media and civil society organizations, and opposition
figures criticized the government’s online harassment of critics and rhetoric
towards journalists. There were sporadic reports of monitoring and threats
against journalists.

Freedom of Expression: In November the government repealed a 2022

amendment to the criminal code that prohibited creating, reproducing, or
transmitting any visual content (texts, images, graffiti, or other forms of

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
101
 Page 18 of 44

visual expression) that related to gangs, and stipulated a penalty of 10 to 15

years in prison. Media organizations and NGOs stated this had served as a
threat to journalists and had created a chilling effect on the independent
media for the duration of time it was active. The government stated the
legislation was designed to prevent persons from relaying gang messages to
the public. No one was arrested under this law while it was in effect.

Violence and Harassment: As of August, the APES Center for Monitoring

Attacks on Journalists reported 14 acts of intimidation against journalists
committed by government officials, six cases in which government officials
threatened journalists, and two instances in which government officials
issued threats of legal action against journalists.

APES and other media outlets reported one journalist was detained
arbitrarily. The journalist, Victor Barahona, host of a local television show,
was arrested in June 2022 on charges of gang associations and released on
parole on May 19. Barahona said his arrest was either because he
interviewed a guest on his show who criticized local government leaders for
corruption or because of his involvement in a community organization in a
gang-controlled neighborhood. In July he gave an interview regarding prison
conditions to national media. After the interview, he was summoned to a
hearing to review his conditions of release, during which he was warned to
keep the process confidential, according to his lawyer.

APES reported that from January to August, five journalists left the country.
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
102
 Page 19 of 44

Two left pre-emptively after publishing investigative pieces, and three cited
threats as their reason for leaving. One other journalist moved internally
after publishing an investigative piece, and another moved internally after
he reported he was followed to his residence by police and military officials.

APES raised concerns that in 10 separate instances, government officials

arbitrarily stopped journalists and prevented them from carrying out their
work, restricting their access into certain areas and demanding that they
delete photographic or video footage. In one such instance, on March 31,
five soldiers prevented two journalists from El Diario de Hoy from entering a
section of a neighborhood and said they needed a permit to enter.

Censorship or Content Restrictions for Members of the Press and Other

Media, Including Online Media: In April El Faro, an investigative online
newspaper, moved its administrative headquarters and legal registration to
Costa Rica, citing primarily the multiple audits it faced from the Ministry of
Finance and fabricated criminal accusations, as well as surveillance, threats,
harassment of advertisers, and defamation by public officials. Its journalists
remained in the country and continued to report.

There were reports that other news outlets also experienced harassment of
advertisers and chose to self-censor or reduce operations.

Nongovernmental Impact: Unlike in previous years, there were no reports

that journalists who reported on gangs and narcotics trafficking were

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
103
 Page 20 of 44

subject to threats from criminal groups.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor
online content.

There were reports that government-backed bots and troll accounts were
used to manipulate social media discourse. On July 14, the investigative
digital magazine Revista Factum tracked the activity of a network of
progovernment accounts they determined to be trolls. The site’s reporters
determined the most prolific account tweeted up to 700 times per day and
had 61,000 followers. Revista Factum reported that in one case, the
network generated more than 2,000 negative tweets against a target in 24
hours.

b. Freedoms of Peaceful Assembly and Association

The constitution provided for the freedoms of peaceful assembly and

association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement and the Right to Leave the

Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
104
 Page 21 of 44

Country

The constitution provided for freedom of internal movement, foreign travel,

emigration, and repatriation. As part of Phase V of the administration’s
“territorial control plan,” security forces occasionally restricted movement
around and into certain, mostly low-income, neighborhoods with a history
of gang activity.

In contrast with previous years, gangs did not restrict movement between
neighborhoods and areas. In February El Faro visited 14 previously gang-
controlled communities. The residents interviewed reported gangs no
longer restricted movement between communities or the circulation of
outside service providers in their neighborhoods. The residents reported
having access for the first time to services such as ride-hailing apps and food
delivery. Communities were able to use communal spaces, including soccer
fields and cemeteries, without restriction; previously only gang members
were allowed access.

e. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner

for Refugees and other humanitarian organizations in providing protection
and assistance to refugees or asylum seekers, as well as other persons of
concern.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
105
 Page 22 of 44

Access to Asylum: The law provided for the granting of asylum or refugee
status, and the government had a system for providing protection to
refugees, but the law had major regulatory and operational gaps. The legal
framework required persons with international protection needs to file their
claim within five days of entering the country and asylum seekers to renew
their status every 30 days.

f. Status and Treatment of Internally Displaced Persons

(IDPs)

The Internal Displacement Monitoring Center estimated there were 52,000

new IDPs due to violence in 2022 (most recent data available), noting the
causes included threats, extortion, and killings perpetrated by criminal
gangs. The center also reported an additional 4,600 IDPs in 2022, affected
mostly by Tropical Storm Julia.

Section 3. Freedom to Participate in the Political

Process

The constitution provided citizens the ability to choose their government in

free and fair periodic elections held by secret ballot and based on universal
and equal suffrage.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
106
 Page 23 of 44

Elections and Political Participation

Abuses or Irregularities in Recent Elections: National elections were widely

reported to be fair and free of abuses and irregularities.

Political Parties and Political Participation: On March 15, the Legislative

Assembly repealed a section of the electoral code that prohibited changes
to election laws within one year of elections. In June the Legislative
Assembly approved laws to reduce the number of deputies in the assembly
from 84 to 60 and the number of municipalities from 262 to 44. The law
also changed the formula for calculating party seat distribution in the
assembly. Some opposition politicians and political analysts argued these
reductions were designed to consolidate the power of the president’s party,
Nuevas Ideas (New Ideas). The NGO Acción Ciudadana (Citizen Action)
stated several small minority parties risked losing representation in the
Legislative Assembly altogether under the new formula. President Nayib
Bukele and Nuevas Ideas legislators asserted the change would return the
number of deputies to the same number that existed in 1991 prior to the
signing of the peace accords, which added deputies to increase FMLN
representation, and that reducing the number of municipalities was
necessary to streamline government administration and to save money. The
reforms were passed quickly, but in line with democratic requirements per
the constitution.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
107
 Page 24 of 44

Participation of Women and Members of Marginalized or Vulnerable

Groups: Some transgender persons reported difficulties registering to vote
and voting because their gender identities did not match the gender stated
on their identification cards.

Section 4. Corruption in Government

The law provided criminal penalties for corruption by officials, and the
government implemented the law, prosecuting officials from both the
opposition and the governing party.

Corruption: President Bukele touted his government’s enforcement actions

against corrupt officials, declaring a “war on corruption” on June 1. The
Attorney General’s Office filed civil and criminal charges against, and courts
convicted, high-ranking officials from past administrations. Charges were
also filed against sitting officials in municipal governments as well as several
lower-level sitting Nuevas Ideas officials and one Nuevas Ideas Legislative
Assembly member. Courts convicted former high-ranking officials from
several past administrations on charges of corruption. Allegations of
corruption among sitting officials persisted, however. Opposition critics
argued the government selectively prosecuted corruption charges to
persecute political opponents.

As of July 26, the Attorney General’s Office opened investigations into 285
cases involving corruption, including embezzlement, extortion, illicit

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
108
 Page 25 of 44

negotiations, illicit enrichment, and bribery. As of August 10, the

Government Ethics Tribunal reported it opened 178 administrative
proceedings against 290 public officials. The tribunal imposed sanctions in
25 cases and referred eight cases to the Attorney General’s Office.

On May 29, a court sentenced former President Mauricio Funes to 14 years

in prison for arranging a gang truce during his administration. Funes, who
resided in Nicaragua, called the trial unjust and politically motivated. On
August 10, court proceedings began against Funes’ former wife and nine
other former high-level members of his administration for money
laundering, embezzlement, and tax evasion.

As part of President Bukele’s “war on corruption,” the Attorney General’s

Office seized the assets of former President Alfredo Cristiani on June 1,
alleging he stole public funds while in office and used those funds to enrich
himself and family members. Cristiani did not reside in the country.
Corruption-related charges were brought against a former Supreme
Electoral Tribunal president and a former president of the Legislative
Assembly. A former minister of defense, a former minister of justice, a
former Legislative Assembly deputy, a former state intelligence agency
director, and a former vice minister of commerce and industry were
convicted of corruption-related charges.

Municipal officials were also the subject of corruption charges and

investigations. On August 11, the mayors of two municipalities, Conchagua
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
109
 Page 26 of 44

and Tacuba, along with various other municipal officials and council
members, were arrested on unrelated corruption charges. The mayor of
Conchagua and two associates charged with him remained under arrest as
of August 22, while the remaining officials were released pending their
initial hearing.

Although most officials investigated for or charged with corruption were

from the ARENA party, FMLN, or minor opposition parties, several sitting
members of the Nuevas Ideas party also faced corruption investigations. On
January 11, the Attorney General’s Office charged the mayor of Soyapango,
Nercy Patricia Montano De Martínez, and four other officials in the mayor’s
office with misappropriation and embezzlement of public funds. Montano,
a member of the Nuevas Ideas party, had been the subject of municipal
unrest and protests due to her mismanagement of funds. In February a
waste disposal company filed a complaint with the Attorney General’s Office
against the Nuevas Ideas mayor of Mejicanos, Saúl Antonio Meléndez,
accusing the mayor of embezzlement and breach of duty for nonpayment of
services rendered totaling more than $896,000, plus interest. On August 9,
the attorney general accused Nuevas Ideas deputy Erick Garcia of fraud
relating to election campaign expenses and requested the Legislative
Assembly strip Garcia of his immunity. The Legislative Assembly voted to do
so on August 17, and Garcia was arrested the same day. Garcia’s alternate
deputy, Nidia Aracely Turcios Anaya, was also arrested.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
110
 Page 27 of 44

For additional information about corruption in the country, please see the
Department of State’s Investment Climate Statement for the country, and
the Department of State’s International Narcotics Control Strategy Report,
which includes information on financial crimes.

Section 5. Governmental Posture Towards

International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally

operated without government restriction to monitor or investigate human
rights conditions or cases and publish their findings. Several domestic
human rights groups, including Cristosal, accused the government of
opening excessive audits into their operations as an intimidation tactic and
using the revocation of tax-exempt status as a tool to punish organizations
critical of the government.

Human rights groups observed that the government increasingly declined to

make public data for monitoring and analysis purposes. Gato Encerrado, an
investigative newspaper, noted the government continued to expand the
types of information it classified as confidential and not subject to public
disclosure requirements.

Government Human Rights Bodies: The principal human rights

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
111
 Page 28 of 44

investigative and monitoring body was the autonomous PDDH, whose

ombudsperson was chosen by the Legislative Assembly for a three-year
term. The PDDH had a constitutional duty to investigate human rights
abuses and defend human rights conventions in the country. Some NGOs
believed the PDDH was not fully independent or effective.

On May 25, President Bukele created a Presidential Commission for Human

Rights and Freedom of Speech and appointed Andrés Guzmán Caballero as
the commissioner. The responsibilities and duties of the commission were
unclear.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalized rape of women or men,
domestic or intimate partner rape, and other forms of domestic and sexual
violence, including so-called corrective rape of lesbian, gay, bisexual,
transgender, queer, or intersex (LGBTQI+) persons. The law could apply to
spousal rape, at the judge’s discretion. The law required the Attorney
General’s Office to prosecute rape cases whether or not the survivor
pressed charges and did not permit the survivor to withdraw the charge.
The penalty for rape was generally imprisonment for six to 10 years. Laws
against rape were not effectively enforced.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
112
 Page 29 of 44

Violence against women, including domestic violence, remained a

widespread and serious problem. The law prohibited domestic violence and
generally provided for sentences ranging from one to three years in prison,
although some forms of domestic violence carried higher penalties. The law
also permitted restraining orders against offenders. The law against
domestic violence was poorly enforced. The domestic NGO Feminist
Network Against Violence Against Women analyzed cases of violence
reported in the first half of 2021 and found the conviction rate was 6
percent. They attributed the low conviction rate to fear of aggressors,
normalization of violence, a lack of understanding regarding survivors’
rights, impunity, and an overall patriarchal system.

ORMUSA, a domestic women’s rights organization, registered 26 femicides

between January and May 31, 42 percent of which were committed by the
partner of the victim and 54 percent of which were committed in the home
of the victim. On February 21, the Legislative Assembly unanimously voted
to remove the statute of limitations for prosecuting femicide.

Other Forms of Gender-based Violence or Harassment: The law prohibited

sexual harassment and established sentences of five to eight years’
imprisonment for the crime. Courts also could impose fines in cases in
which the perpetrator held a position of trust or authority over the victim.
By law, employers were required to create and implement programs to
prevent sexual harassment. The government, however, did not consistently

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
113
 Page 30 of 44

enforce the law effectively. The Union of Seamstresses and Tailors asserted
the Ministry of Labor lacked the will to investigate one such sexual
harassment case it filed during the year.

As of August 26, the PNC registered 21 complaints of sexual harassment

committed by police officers. On February 7, a police officer filed a
complaint against the chief inspector of her division for sexual harassment.

Discrimination: The constitution granted women and men the same legal
status. The law was generally respected, but with exceptions. Women
faced discrimination in employment and occupation. Although the law
provided for equal pay between men and women, women did not receive
equal pay. In 2021, the United Nations reported that women made 18
percent less than men in the same jobs. The law established sentences of
one to three years in prison for public officials who denied a person’s civil
rights based on gender, and six months to two years for employers
convicted of discriminating against women in the workplace, but labor
organizations noted that employees generally did not report such
discrimination due to fear of employer reprisals.

Reproductive Rights: There were no reports of coerced abortion or

involuntary sterilization on the part of government authorities.

The law banned abortion under all circumstances. Civil society advocates
expressed concern the ban led to the wrongful incarceration of women who

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
114
 Page 31 of 44

suffered severe pregnancy complications, including miscarriages. As of July

26, the Attorney General’s Office reported six women were under
investigation for abortions and two for alleged feticide, which the legal
system termed “homicide of a ‘recently born’ child,” a charge often invoked
for suspicions related to the cause of miscarriage. Charges were brought in
one case of feticide.

Numerous factors served as barriers to access sexual and reproductive

health services. In 2021, UN experts noted that there was “a systemic
practice of discrimination against women who suffer obstetric emergencies
or pregnancy losses.” In 2022, the women’s rights organization Las Dignas
presented the results of a study on contraception access carried out in two
rural districts. It found that 20 percent of the population studied had an
active sex life but did not use contraceptives for reasons including
dangerous or difficult conditions that prevented travel to health centers, not
having required parental authorization for minors to obtain contraceptives,
and a lack of availability of contraceptives in health centers.

The government provided access to sexual and reproductive health services

for survivors of sexual violence, and emergency contraception and
postexposure prophylaxis were available as part of clinical management of
rape.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
115
 Page 32 of 44

Systemic Racial or Ethnic Violence and Discrimination

There were several laws to protect members of racial or ethnic minorities or

groups from violence and discrimination. The government did not enforce
the laws effectively, and the administration took no action to implement a
2018 policy designed to focus on the inclusion of ethnic groups in all social
and economic aspects. Some civil society organizations and individuals
reported instances of racial discrimination against Afro-descendent persons
and Indigenous groups.

Indigenous Peoples

The constitution recognized Indigenous peoples and stated the government

was required to adopt policies to maintain and develop the ethnic and
cultural identity, world view, values, and spirituality of Indigenous peoples.
The law provided for the preservation of Indigenous languages and
archeological sites. The municipalities of Cacaopera and Yucuaiquin, in the
eastern part of the country, had special laws to recognize Indigenous
cultural heritage.

Although the law provided for Indigenous groups to participate in decision

making on issues that affected their rights, it did not include the right to be
consulted regarding development and other projects envisioned on
Indigenous land, nor did it provide Indigenous groups the right to share in
revenue from exploitation of natural resources on historically Indigenous
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
116
 Page 33 of 44

lands. The government did not demarcate any lands as belonging to

Indigenous communities. Because few Indigenous persons possessed title
to land, opportunities for bank loans and other forms of credit were limited.

As of October, there was no progress in the case against the Attorney

General’s Office brought by victims’ family members for failing to investigate
the death of three Indigenous persons during “The Massacre of 1932.”

Children

Child Abuse: The law prohibited child abuse. Penalties for child abuse
included losing custody of the child and three to 26 years’ imprisonment,
depending on the nature of the abuse. The government enforced the law
effectively.

Child, Early, and Forced Marriage: The legal minimum age for marriage was
18. The law banned child marriage to prevent child abusers from avoiding
imprisonment by marrying their underage victims, and the law likewise
banned exceptions to child marriage in cases where the child was pregnant.
The government enforced the law effectively.

Sexual Exploitation of Children: The law prohibited the sale, grooming, or

use of children for commercial sexual exploitation, including sex trafficking.
The law stipulated imprisonment of 16 to 20 years.

The minimum age for consensual sex was 18. The law classified statutory

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
117
 Page 34 of 44

rape as sexual relations with anyone younger than age 18 and included
sentences of four to 13 years’ imprisonment.

The law prohibited paying anyone younger than 18 for sexual services. The
law prohibited participating in, facilitating, or purchasing materials
containing child pornography and provided for prison sentences of up to 16
years. Despite these provisions, sexual exploitation of children remained a
problem. The government did not enforce the law effectively.

Antisemitism

The Jewish community totaled approximately 150 persons. There were no

reports of antisemitic incidents.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based

on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics

Criminalization: The law did not criminalize consensual same-sex conduct

between adults, cross-dressing, or other sexual or gender characteristic-
related behaviors.
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
118
 Page 35 of 44

Violence and Harassment: COMCAVIS TRANS, a domestic NGO that

promoted LGBTQI+ rights, found 43 percent of transgender women, 42
percent of cisgender men, and 14 percent of cisgender women had
encountered problems with law enforcement officials.

Violence against LGBTQI+ persons was a problem. The Attorney General’s

Office reported that as of July 26, 13 LGBTQI+ persons were victims of sexual
assault or harassment, and one was the victim of bodily harm.

The law allowed for stricter sentences for crimes committed on the basis of
sex, gender identity, and gender expression, among other categories. The
PDDH recorded and investigated complaints of violence and harassment
against LGBTQI+ individuals. As of July 31, the PDDH received 20
complaints, involving 23 victims, ranging from five victims of acts of cruel
and degrading punishment to five victims of insults.

Discrimination: The law prohibited discrimination by state and nonstate

actors based on sexual orientation, gender identity or expression, or sex
characteristics. Discrimination against LGBTQI+ persons was widespread
and hindered access to education and employment. Surveys conducted in
2021 by COMCAVIS TRANS found that 39 percent of LGBTQI+ individuals
surveyed were unemployed, compared with 5 percent of the general
population. Transgender persons regularly faced discrimination in health
care, banking, and voting.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
119
 Page 36 of 44

Availability of Legal Gender Recognition: The Legislative Assembly did not

take steps to create a procedure allowing transgender persons to change
their identity documents to reflect their gender, despite a 2022 Supreme
Court ruling to do so by February.

Involuntary or Coercive Medical or Psychological Practices: There were no

reports of the practice of so-called conversion therapy targeting LGBTQI+
individuals in an attempt to change their sexual orientation, gender identity,
or expression. There were no reports that medically unnecessary and
irreversible “normalization” surgeries were performed on children or on
nonconsenting adult intersex persons.

Restrictions of Freedom of Expression, Association, or Peaceful Assembly:

There were no restrictions on freedom of expression or association
regarding LGBTQI+ matters.

Persons with Disabilities

The law prohibited discrimination against persons with physical, sensory,

intellectual, and mental disabilities, but the government did not enforce the
law. Persons with disabilities did not have access to education, health
services, public buildings, or transportation on an equal basis with others.
Persons with disabilities faced discrimination in employment and
occupation. No formal system existed for filing a discrimination complaint
based on disability.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
120
 Page 37 of 44

The National Council for Comprehensive Attention to Persons with Disability

(CONAIPD), composed of representatives from multiple government
entities, was the agency responsible for protecting the rights of persons with
a disability, but it lacked enforcement power. According to a CONAIPD
representative, the government did not effectively enforce legal
requirements for access to buildings or information and communications for
persons with disabilities. Few access ramps or provisions for the mobility of
persons with disabilities existed.

Disability advocates said children with disabilities faced access problems in

school, including a lack of ramps and other accommodations. The
government provided little support for schools to include accommodations,
and there were few teachers trained to teach students with disabilities.

Persons with disabilities also faced discrimination in the public health-care

system. Disabilities rights groups reported that women with disabilities
were often instructed by their doctors to use birth control to avoid having
children, believing the women would bear children with disabilities.

Persons with disabilities faced discrimination in employment and

occupation. CONAIPD stated there was no mechanism to verify compliance
with the law requiring businesses and nongovernment agencies to hire one
person with disabilities for every 25 hires. CONAIPD reported employers
frequently fired persons who acquired disabilities and would not consider
persons with disabilities for work for which they were qualified. The
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
121
 Page 38 of 44

Network of Survivors and Persons with Disabilities Foundation noted the

Special Law on Inclusion of Persons with Disabilities was never implemented
or enforced. The Association of Blind Women added that companies
preferred to pay fines instead of employing workers with disabilities.

Other Societal Violence or Discrimination

The law prohibited discrimination based on HIV or AIDS status. As of August

11, the PDDH received three complaints of discrimination against persons
with HIV or AIDS.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective

Bargaining

The law provided for the right of most workers to form and join
independent unions, in certain workplaces to bargain collectively, and after
a lengthy regulated process, the right to strike. The government did not
enforce these rights. Unions experienced lengthy delays in processing their
credentials with the Ministry of Labor, some waiting nine months or longer.
Without credentials, unions could not engage in collective bargaining or
participate in tripartite entities that governed worker-related issues such as
setting a minimum wage, health care, and housing. According to media
reports and union representatives, the minister of labor rewarded unions
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
122
 Page 39 of 44

loyal to him and his party with expedited credentials and punished unions
critical of the government by delaying their certifications.

The law prohibited antiunion discrimination, and workers were protected

from firing or demotion for union organizing activity. If fired during this
time, they could bring cases to court for reinstatement. Members of the
military, judges, and high-level public officers could not form or join unions.
Workers in private security firms could not form or join unions. The labor
code did not cover public-sector workers and municipal workers, whose
wages and terms of employment were regulated by law. Only citizens could
serve on unions’ executive committees. The labor code also barred
individuals from holding membership in more than one trade union. Unions
had to meet certain requirements to register, including having a minimum of
35 members. If the Ministry of Labor denied registration, the law prohibited
any attempt to organize for up to six months following the denial.

Collective bargaining was strictly regulated. Unions representing fewer than

51 percent of the workers in an enterprise did not have the right to bargain,
even on behalf of their own members. Provisions of the law allowed either
party to a collective bargaining agreement, under some conditions, to seek
to change its provisions after one year in force. Employees of most public
institutions did not have the right to bargain collectively.

The law contained cumbersome and complex procedures for conducting a

legal strike. The law did not recognize the right to strike for public and
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
123
 Page 40 of 44

municipal employees or for workers in essential services. The law did not
specify which services met this definition, and courts therefore applied this
provision on a case-by-case basis. The law required that 30 percent of all
workers in an enterprise support a strike for it to be legal and that 51
percent support the strike before all workers were bound by the decision to
strike. Unions could strike only to obtain or modify a collective bargaining
agreement or to protect the common professional interests of the workers.
Unions were required to engage in negotiation, mediation, and arbitration
processes before striking, although many unions often skipped or expedited
these steps. Workers at times engaged in strikes that did not meet legal
requirements. The law provided no way for workers to appeal a
government decision declaring a strike illegal.

The government did not effectively enforce the laws on freedom of

association and the right to collective bargaining, and penalties were less
than those for other laws involving denials of civil rights, such as
discrimination. Penalties were rarely applied against violators. Judicial
procedures were subject to lengthy delays and appeals. According to union
representatives, the government inconsistently enforced labor rights for a
wide range of workers, and enforcement was dependent upon the political
affiliations of their labor unions.

Unions reported that their members sometimes faced violence or threats of

violence and that viable legal recourse against such violence was

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
124
 Page 41 of 44

unavailable. Public-sector union members reported public officials

threatened to dismiss employees who made labor complaints.

On January 10, three members of the union of municipal workers in

Soyapango were arrested on charges of public disorder and resisting arrest
during a demonstration in which they demanded payment of salary owed.
The charges against them were provisionally dismissed in June.

There were concerns the lowered standard of evidence required for an

arrest under the state of exception allowed employers and municipal
officials to retaliate against union members by alleging they were gang
members. The human rights NGO Socorro Jurídico Humanitario reported 21
union members were arrested during the state of exception, 40 percent on
charges of gang associations and 60 percent on charges of public disorder or
resisting arrest. The NGO stated the individuals were arrested for their
labor-related activities, but their cases were handled following the same
procedures as other state-of-exception cases, as if the arrestees were
members of illicit groups. The NGO further reported that as of August 16,
10 union members remained in pretrial detention.

Although many unions were aligned with political parties, they functioned
independently from the government and political parties.

b. Prohibition of Forced or Compulsory Labor

See the Department of State’s annual Trafficking in Persons Report at

Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
125
 Page 42 of 44

https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for

Employment

See the Department of Labor’s Findings on the Worst Forms of Child Labor at
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/.

d. Discrimination (see section 6)

e. Acceptable Conditions of Work

Wage and Hour Laws: The law provided for a minimum wage for all sectors,
to be set by the government. The minimum wage varied by sector; all were
above poverty income levels. The law set a maximum normal workweek of
44 hours – limited to no more than six days per week and to no more than
eight hours per day – but allowed overtime, which was to be paid at double
the usual hourly wage. The law mandated that full-time employees receive
pay for an eight-hour day of rest in addition to the 44-hour normal
workweek. The law prohibited compulsory overtime for all workers other
than domestic employees, such as maids and gardeners, who were obligated
to work on holidays if their employer made this request. In such cases, they
were entitled to double pay.

Occupational Safety and Health: The Ministry of Labor set and enforced

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
126
 Page 43 of 44

occupational safety and health (OSH) standards, and the standards were
appropriate for the main industries. The law established a tripartite
committee to review the standards. The law required employers to take
steps to meet OSH requirements in the workplace, including providing
proper equipment and training and a violence-free environment. The law
promoted occupational safety awareness, training, and worker participation
in OSH matters.

Workers could legally remove themselves from situations that endangered

health or safety without jeopardy to their employment.

Wage, Hour, and OSH Enforcement: The government did not adequately
enforce wage, hour, or OSH laws. Penalties were less than those for similar
crimes, such as fraud, and were rarely applied against violators. Some
companies reportedly found it more cost-effective to pay fines than comply
with the law. The Ministry of Labor was responsible for enforcing wage,
hour, and OSH laws.

The government trained inspectors on legal standards. The number of

inspectors was insufficient to enforce compliance. Inspectors did not have
the authority to initiate unannounced inspections or sanctions. Inspections
were scheduled according to a calendar set by the Inspections Directorate or
to verify a complaint, and labor inspectors notified companies prior to their
arrival. Allegations of corruption among labor inspectors continued.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
127
 Page 44 of 44

The Ministry of Labor received complaints regarding failure to pay overtime,

minimum wage violations, unpaid salaries, and the illegal withholding of
benefits, including social security and pension funds. Reports of overtime
and wage violations occurred in several sectors. According to the ministry,
employers in the agricultural sector routinely violated the laws requiring
annual bonuses, vacation days, and rest days. Women in domestic service
faced exploitation, mistreatment, verbal abuse, threats, sexual harassment,
and generally poor work conditions. Workers in the textile industry
reportedly experienced violations of wage, hour, and safety laws.

The informal sector represented almost 75 percent of the economy. The

government did no enforce labor laws in this sector.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
128