 General Assembly A

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GE.19-14078 (E) 130919 170919



Human Rights Council

Working Group on the Universal Periodic Review Thirty-fourth session

4–15 November 2019

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21

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El Salvador

* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.

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/HRC/WG.6/34/SLV/1

General Assembly

Distr.: General 20 August 2019 English

Original: Spanish

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I. Background information and methodology for the preparation of the report

1. On 1 June 2019, a new Administration took office in El Salvador, guided by the principles of State modernization, efficiency, effectiveness, transparency, democracy and inclusion. The present report covers the progress made in the field of human rights from July 2014 to the present, on the basis of the recommendations issued in 2014 during the second cycle of the universal periodic review and the authorities’ voluntary commitments to the people. During the second review, El Salvador received 159 recommendations; its final position thereon is reflected in the addendum to the report of the Working Group on the Universal Periodic Review (A/HRC/28/5/Add.1).

2. This report is the outcome of an inter-institutional process coordinated by the Ministry of Foreign Affairs with the Ministry of Defence; the Ministry of Justice and Public Security; the Ministry of Economic Affairs; the Ministry of Public Works and Transport;

the Ministry of Housing; the Ministry of Labour and Social Security; the Ministry of Health; the Ministry of Finance; the Ministry of Education, Science and Technology; the Ministry of Culture; the Ministry of the Environment and Natural Resources; the Directorate General for Migration and Alien Affairs; the Directorate General of Prisons; the Directorate General of Statistics and Censuses; the National Civil Police; the National Public Security Academy; the Social Housing Fund; the National Public Housing Fund; the Salvadoran Institute for the Advancement of Women; the Salvadoran Institute for Comprehensive Child and Adolescent Development; the National Youth Institute; the Salvadoran Institute for the Rehabilitation of Persons with Disabilities; the National Registry of Natural Persons; the National Council for Persons with Disabilities; the National Council for Children and Adolescents; the National Council for the Protection and Advancement of Migrants and Their Families; the Office of the President of the Republic, through its secretariats; the Legislative Assembly; the Supreme Court of Justice; the Executive Technical Unit of the Justice Sector; the Office of the Counsel General of the Republic; the Office of the Attorney General of the Republic; the Office of the Human Rights Advocate; the National Council of the Judiciary; the National Commission on the Search for Children who Disappeared during the Internal Armed Conflict; the National Commission on the Search for Adults who Disappeared during the Armed Conflict in El Salvador; the Governing Board of the Registry of Victims of Serious Human Rights Violations Committed during the Internal Armed Conflict; and the Governing Board of the Central Registry of Victims and Relatives of Victims of Serious Human Rights Violations Committed during the Massacres in El Mozote and Surrounding Areas.

3. The State also held consultations with civil society and invited a number of organizations to participate, including organizations working with the lesbian, gay, bisexual, transgender and intersex community, children, indigenous peoples, persons with disabilities, older persons, women and victims of serious human rights violations committed during the armed conflict. Observations and comments were received from the Agrupación Ciudadana por la Despenalización del Aborto (an association for the decriminalization of abortion).

II. Follow-up to the recommendations of the universal periodic review

A. Ratification of treaties (recommendations 103.1–3; 105.1–23)

4. El Salvador ratified the Rome Statute of the International Criminal Court in 2015 and withdrew its reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2016. The Legislative Assembly is currently considering the possibility of ratifying the International Convention for the Protection of All Persons from Enforced Disappearance, the Convention against Discrimination in Education, the Optional Protocol to the Convention against Torture and Other Cruel,

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Inhuman or Degrading Treatment or Punishment and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

B. Constitutional, legal and policy framework (recommendations 105.24–

25)

5. Under the previous Administration (2014–2019), the design of public policies, plans and programmes by the executive branch and the assessment of their impact were guided by the country’s Five-Year Development Plan for 2014–2019.

6. In order to ensure that the domestic legal framework is compliant with international human rights standards, the following laws have been adopted: the Access to Public Information Act (2011); the Special Act against Trafficking in Persons (2014); the Reparations for Moral Damage Act (2015); the Culture Act (2016); the Special Act on Adoption (2016); the Administrative Disputes Act (2017); the Mental Health Act (2017);

the Administrative Procedures Act (2018); the Special Act for the Regulation and Establishment of Employer-Sponsored Childcare Facilities (2018); the Regulatory Improvement Act (2018); the Elimination of Bureaucratic Barriers Act (2019); the Special Act on Migration and Alien Affairs (2019); and the National Comprehensive Health System Act (2019). In addition, amendments have been made to the Criminal Code, the Code of Criminal Procedure, the Family Code, the Labour Code, the Domestic Violence Act, the General Education Act, the Act on the Teaching Profession, the Special Comprehensive Act on a Violence-Free Life for Women, and the Special Act on the Protection and Advancement of Salvadoran Migrants and Their Families.

7. Legislation is complemented by the following public policies, action plans, programmes and strategies: the National Policy for the Comprehensive Protection of Children and Adolescents, 2013–2023; the National Policy on Access to a Violence-Free Life for Women; the Public Policy for the Indigenous Peoples of El Salvador; the National Health Policy for the Indigenous Peoples of El Salvador; the Public Policy on Culture, 2014–2019; the National Policy on Decent Work; the National Health Policy, 2015–2019;

the Gender Equity and Equality Policy and implementation plan of the Ministry of Education, Science and Technology for the period 2016–2020; the Policy for Gender Equality and Equity in Health; the National Housing Policy; the National Integrated Water Management Policy; the National Policy for the Protection and Advancement of Migrants and Their Families; the Citizen Participation Policy of the executive branch; the action plan for the National Policy for the Comprehensive Protection of Children and Adolescents, 2014–2019; the national action plan for the period 2017–2022 on the implementation of United Nations Security Council resolution 1325 (2000) on women and peace and security;

the National Equality Plan, 2016–2020; the action plan for the National Policy on Access to a Violence-Free Life for Women; the National Strategic Plan on Breastfeeding, 2016–2019;

the National Plan for Development, Protection and Social Inclusion (Social Plan); the National Integrated Water Management Plan; the National Action Plan for the Indigenous Peoples of El Salvador; the “Safe El Salvador” Plan; the National Drinking Water and Sanitation Plan; the National Literacy Programme; the Programme on Flexible Education Methods; the “I’m Changing” prison management programme; the “Young People with Everything” employment and employability programme; the National Cross-sectoral Strategy for the Prevention of Child and Adolescent Pregnancy; the Strategy for the Prevention of Femicide and Sexual Violence against Women; and the National Strategy for Comprehensive Early Childhood Development, 2018–2028.

C. Cooperation with national human rights institutions (recommendations 103.4–7, 33 and 51; 105.30)

8. The Office of the Human Rights Advocate, which has a constitutional mandate, exercises its functions at the national level. It is shielded from external interference by virtue of its constitutional status and the fact that the Human Rights Advocate is elected by the Legislative Assembly. Its budget, which amounted to US$ 9.1 million in 2014, has been progressively increased, reaching US$ 10.2 million in 2019.

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9. In 2018, the position of Presidential Commissioner for Human Rights was established by executive decree for the purpose of ensuring consistency in the actions of the executive branch; coordinating with the Legislative Assembly, the judiciary, the Public Legal Service, independent institutions and municipal governments; and maintaining ongoing dialogue with civil society stakeholders and sectors in order to promote progress in the field of human rights. The Commissioner’s term of office ended on 31 May 2019.

D. Civil rights, equality and non-discrimination (recommendations 104.1, 15–16; 105.32–36)

10. In 2016, El Salvador withdrew its reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The offence of torture is defined in national law as a “crime against humanity” and is thus not subject to a statute of limitations. As part of the curriculum of the National Public Security Academy, trainee police officers receive instruction on the national and international legal framework concerning torture.

11. In 2010, Executive Decree No. 56 on provisions to prevent all forms of discrimination in the civil service on the grounds of gender identity and/or sexual orientation was issued. It has since been complemented by the adoption of a self-study guide on sexual diversity for use by public security personnel; the development of an institutional inclusiveness index on lesbian, gay, bisexual, transgender and intersex persons as a means of assessing the implementation of the above-mentioned Decree; the creation of a programme to support production initiatives launched by lesbian, gay, bisexual, transgender or intersex persons; and the introduction of a policy on services for the lesbian, gay, bisexual, transgender and intersex community by the Ministry of Justice and Public Security in 2018.

12. In 2015, the definitions of the offences of homicide and criminal threat were amended to increase the gravity of these offences when they are motivated by “hatred of gender identity and expression or sexual orientation”. In addition, statutes of limitations were eliminated for the offence of persecution on political, ideological, racial or religious grounds or on the basis of sexual orientation. As a result of these changes, a monitoring committee has been established in the Office of the Attorney General to issue human rights- based guidelines and recommendations on cases where the victims are lesbian, gay, bisexual, transgender or intersex persons; specialized prosecutors have been appointed at the national level; training has been carried out to raise awareness among personnel and strengthen knowledge about hate crimes; a forum for dialogue with civil society and the lesbian, gay, bisexual, transgender and intersex community has been established; and doctors and forensic experts of the Institute of Forensic Medicine have been given specialized training on the investigation of hate crimes.

13. With regard to the right to an identity and identification, the National Registry of Natural Persons promotes a policy of citizen participation and implements specific guidelines on dealing with members of the lesbian, gay, bisexual, transgender and intersex community in order to prevent discrimination against that population group and other vulnerable persons in the services it provides.

14. The Ministry of Education, Science and Technology has launched a national study on violence based on gender or sexual orientation, with a view to establishing a mechanism to improve the institutional response to such violence. It has also provided training in different subject areas, with the cross-cutting theme of human rights, for 17,494 teachers and technical assistants specializing in early childhood. Education coverage has progressively expanded, with an emphasis on disadvantaged and vulnerable children and adolescents, as part of the inclusive education policy.

15. The National Public Security Academy has incorporated a course on human rights and the issue of policing and vulnerable groups into its curriculum for the training of police science technicians. The education system of the armed forces has introduced “human rights and international humanitarian law” as a subject of study in educational institutions of the Military Doctrine and Education Command.

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16. Since 2016, there has been an ongoing programme for the dissemination of technical guidelines for the provision of comprehensive health care to the lesbian, gay, bisexual, transgender and intersex community, and primary health-care establishments have implemented a programme for preventing discrimination on the grounds of sexual diversity.

Also in 2016, the Ministry of Labour and Social Security launched a plan to monitor respect for the labour rights of persons with HIV, implemented a plan to monitor wage gaps in the agricultural sector, and created a unit for preventive action in relation to priority groups, which has implemented plans to monitor respect for the labour rights of persons with disabilities, persons with HIV and home-based workers. In addition, it has monitored the exercise of the right to breastfeeding, wage gaps between men and women, women’s labour rights, the recruitment conditions and work permits of minors, and the child labour situation. The Ministry of Labour and Social Security has also granted legal personality to trade unions of domestic workers and home-based workers and has established a Labour Rights Bureau in cooperation with lesbian, gay, bisexual, transgender and intersex persons and organizations. In compliance with the Equal Opportunities for Persons with Disabilities Act, it has monitored increases in the recruitment of persons with disabilities in public institutions.

17. El Salvador has carried out an Inclusive Cities Programme to promote the inclusion of universal accessibility criteria in public works projects. Under the Social Development and Protection Act, the authorities have established a Universal Social Protection Subsystem, which includes non-contributory social protection programmes.

18. Since 2014, the National Youth Institute has implemented actions to promote and strengthen youth organizations throughout the country, establishing 14 departmental coordination committees that bring together youth organizations in each of the country’s departments and serve as the territorial base for the decision-making body established under the General Act on Young People and the National Youth Council.

19. The Government of El Salvador has strengthened the participation of civil society in the councils and boards of the lead agencies dealing with issues of national importance.

Representatives of organized civil society serve as members of these entities on the same footing as representatives of the State. Examples of such entities include the National Council for Children and Adolescents, the National Council for Persons with Disabilities, the National Council for Older Persons, the National Council on Food and Nutrition Security, the National Council on Environmental Sustainability and Vulnerability, the National Council for the Protection and Advancement of Migrants and Their Families, the Governing Board of the Registry of Victims of Serious Human Rights Violations Committed during the Internal Armed Conflict, the Governing Board of the Central Registry of Victims and Relatives of Victims of Serious Human Rights Violations Committed during the Massacres in El Mozote and Surrounding Areas, the National Youth Council, the National Commission to Combat HIV, the Salvadoran Institute for Comprehensive Child and Adolescent Development, the Salvadoran Institute for the Rehabilitation of Persons with Disabilities, the Salvadoran Institute for the Advancement of Women and the National Youth Institute, among others.

E. Public security and administration of justice (recommendations 104.2–

6, 10 and 17; 105.28–29, 31, 37–40, 42–48)

20. El Salvador is implementing a security policy that is consistent with human rights, using a strategy that goes beyond the prosecution and punishment of offenders. In 2014, it established the National Council for Public Safety and Coexistence, which is made up of institutions representing the executive branch, the judiciary and the Public Legal Service;

national governing bodies for issues relating to women, children, adolescents and young persons; and local authorities, private companies, churches, media outlets, political parties and representatives of civil society and the international community. The Council was responsible for formulating the “Safe El Salvador” Plan.

21. The results achieved under the Plan include a reduction in the number of young persons not in education or employment, the number of school dropouts and the number of

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homicides; the adoption of a Policy on Criminal Prosecution drawn up by the Attorney General’s Office; the submission of a proposal for a law on a national system for the prevention of violence; the establishment of 19 local victim support offices and of specialist victim support units within the State hospital network; the strengthening of the programme for victims and witnesses; the establishment of 15 specialist support units, under the Office of the Counsel General of the Republic, for women victims of violence; the drafting of a bill and a comprehensive policy on assistance and protection for victims of violence; the holding of information fairs on access to justice and violence prevention in municipalities prioritized by the Plan; and the launching of ventures in priority sectors.

22. Also within the framework of the Plan, the National Youth Institute has implemented a model for the social prevention of violence that involves youth participation and emphasizes community organization. In accordance with this model, 191 community youth committees have been set up and violence prevention activities have been carried out in 56 municipalities. Improvements have been made to the prison infrastructure, including the construction of a child development centre in the women’s prison in Izalco; the expansion and strengthening of the “I’m Changing” prison management programme, which provides for private-sector participation in the rehabilitation and reintegration processes;

and the implementation of the Online University in four prisons.

23. The National Civil Police has implemented the Safe Schools Plan and a community policing approach in order to reduce crime targeting students and the general public. In 2016, the Secretariat for Professional Accountability was established in order to bring together all the police monitoring units responsible for verifying that police officers respect human rights in the course of their work. The Human Rights Unit of the National Civil Police is taking steps to draft a human rights policy for the National Civil Police in order to mainstream human rights in that institution. The National Civil Police also has a specialized division for dealing with children and adolescents.

24. Since June 2019, the Government of El Salvador has been implementing the Territorial Control Plan, which focuses on violence-prone municipalities that seek to reclaim areas dominated by criminal gangs, cut off the gangs’ sources of funding and adopt specific interventions in prisons. The Plan also focuses on restoring the social and community fabric and therefore includes measures to prevent adolescents and young persons from joining criminal gangs. Such measures include technical training programmes in various fields, university scholarships and job creation projects. Under the Plan, public works are carried out and basic services are established in communities; government departments participate in these initiatives under the coordination of the National Directorate for Restoring the Social Fabric, which is part of the Ministry of the Interior and Territorial Development. El Salvador is strengthening the principles that guide the conduct of the National Civil Police, which were defined as part of the peace agreements.

Consequently, the Salvadoran armed forces, in accordance with the Constitution and by executive decree, are supporting the National Civil Police on an exceptional basis.

Accordingly, a protocol on joint action by the National Civil Police and the Salvadoran armed forces to prevent and combat crime and corruption, in strict accordance with the law and human rights, was officially launched on 25 July 2018.

25. A coordination mechanism for strengthening the internal controls of security institutions, made up of the Ministry of Foreign Affairs, the Ministry of Justice and Public Security, the Ministry of Defence and the Secretariat for Governance, was in operation between 2016 and 2018. The Human Rights Advocate and representatives of churches, the United Nations and the European Union had standing invitations to participate in the mechanism. In April 2019, various State institutions and civil society organizations, supported by the Office of the United Nations High Commissioner for Refugees, submitted a bill to the Legislative Assembly on the protection and assistance of victims of forced displacement, in compliance with an amparo decision issued by the Constitutional Division of the Supreme Court.

26. El Salvador has established an Intersectoral Committee on Restorative Justice, coordinated by the Supreme Court, which promotes partnerships for strengthening justice and restorative practices, training key stakeholders and disseminating good practices in

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restorative justice. In 2016, the Committee drew up a violence prevention programme focusing on children and adolescents at risk.

27. In compliance with the Access to Public Information Act, public institutions have designed and implemented transparency portals and established public information access units; they also maintain a policy of regular annual accountability reporting.

28. In 2017, the Supreme Court, the Ministry of Justice and Public Security, the Attorney General’s Office, the Counsel General’s Office and the National Council of the Judiciary signed an inter-institutional protocol on the use of videoconferencing in hearings and legal proceedings, and 38 suitably equipped courtrooms were put into operation. The Supreme Court also has an electronic notification system and has expanded the national legal facilitators service, established in 2014, to cover 8 departments and 61 municipalities.

Through this service, community leaders receive training in law and in legal and administrative procedures to enable them to act as a liaison between the general public and justice officials.

29. In order to expedite pretrial proceedings, ordinary criminal law provides that a number of minor offences may be dealt with in prosecutors’ offices. Moreover, the Public Defender Service of the Counsel General’s Office has mediation teams that help to reduce the number of criminal proceedings.

30. In 2016, the General Amnesty (Peacebuilding) Act of 1993 was declared unconstitutional. The Attorney General’s Office issued a policy on the criminal prosecution of war crimes and crimes against humanity committed in the context of the armed conflict and established a prosecutorial task force for the investigation of crimes committed during the armed conflict. In addition, the Constitutional Division of the Supreme Court has modernized the courts’ approach to cases of enforced disappearance in the context of the armed conflict by recognizing habeas corpus as an appropriate mechanism in such cases.

31. The Institute of Forensic Medicine has a multidisciplinary team that works with relatives of direct victims of enforced disappearance; it also has software for processing information on missing persons and unidentified remains. In July 2019, the Attorney General’s Office established a specialized unit on missing persons, which investigates current cases. In addition, the Legislative Assembly is considering a proposal to amend the Criminal Code to increase the prison sentences applicable to the offence of enforced disappearance.

32. In the area of transitional justice, El Salvador has established the Governing Board of the Central Registry of Victims and Relatives of Victims of Serious Human Rights Violations Committed during the Massacres in El Mozote and Surrounding Areas (2017) and the National Commission on the Search for Adults who Disappeared during the Armed Conflict in El Salvador (2017).

F. Economic, social and cultural rights (recommendations 103.36–40, 44, 52–55; 104.31–35; 105.26–27)

Health

33. According to reports on diseases subject to mandatory surveillance, the disease burden in El Salvador fell steadily between July 2014 and May 2019 as a result of improved access to health care, increased coverage and the strengthening of the public system on the basis of a primary health-care strategy that includes community-based family health teams, hostels for expectant mothers, the provision of opportunities for participation, intersectoral cooperation, the development of community-based organizations and efforts to address the social determinants of health.

34. The budget allocated to the Ministry of Health has gradually increased from US$

586.3 million in 2014 to US$ 668.2 million in 2019. The Ministry has been using these resources to develop Comprehensive and Integrated Health-Service Networks for each level of care. The health-care system consists of 819 health facilities: 789 first-level facilities, 27 second-level facilities and 3 third-level facilities (one specialist hospital for women, one

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specialist hospital for children and one specialist hospital for adult and young adult men and women). In addition, hospitals have been equipped, human resources have been increased and steps have been taken to continuously improve the quality of health services.

35. The Ministry of Health provides direct care services for acute illnesses, chronic non- communicable diseases and common diseases of epidemiological significance; carries out epidemiological surveillance and provides direct care to address maternal, neonatal, child and adolescent morbidity and mortality; and provides specialized care to victims of serious human rights violations, war veterans, persons deprived of their liberty, persons with disabilities, members of the lesbian, gay, bisexual, transgender and intersex community, persons with tuberculosis and HIV co-infection, and migrants. In 2017, the urban health model was launched to reduce social exclusion, protect and restore the environment, and promote human development. An agreement was signed between the National Registry of Natural Persons, the Salvadoran Social Security Institute and the Ministry of Health to make the national identity document the only form of identification required for health service users.

Education

36. The education budget has increased from US$ 884.9 million in 2014 to US$ 997.2 million in 2019. In addition, El Salvador has significantly reduced the illiteracy rate and has ensured educational continuity through a flexible, inclusive approach that emphasizes equity and quality. During the period under review, the Ministry of Education, Science and Technology carried out a school infrastructure improvement programme; a school meals programme for students in selected State schools; a school milk programme in 3,246 educational establishments; and a school kit programme that has provided school supplies and uniforms to 1,175,275 students in 5,127 State educational establishments nationwide, from kindergartens to secondary schools.

Culture

37. In 2016, the Culture Act was passed to establish the legal regime for the development, protection and promotion of culture and to set out the principles, definitions, institutions and legal framework on which State policy is based. In 2018, the Secretariat for Culture of the Office of the President was transformed into the Ministry of Culture, which promotes culture as a right, a source of cohesiveness and identity and a transformational force. The Ministry promotes cultural and artistic projects, as well as ventures in different cultural industries, through 159 cultural centres located around the country. It has also been placed in charge of actions to preserve historical memory in El Salvador.

Public works, housing and urban development

38. El Salvador has progressively improved access to housing and the availability of land for development. In 2015, the National Housing Policy was formalized, with the aims of enabling inhabitants, particularly those in the most vulnerable groups, to enjoy the right to housing and of reducing the housing deficit while increasing access to electricity and drinking water. Pursuant to this policy, programmes have been implemented on housing for families in high-risk areas affected by Hurricane Ida, housing and comprehensive improvement of informal urban settlements (phase II), comprehensive improvement of informal urban settlements, comprehensive improvement of informal urban settlements under the Communities in Solidarity programme, and reduction of vulnerability in informal urban settlements in the San Salvador metropolitan area. In June 2019, the Office of the Deputy Minister of Housing and Urban Development and the National Public Housing Fund merged to form the Ministry of Housing.

39. Between June 2014 and May 2018, the Social Housing Fund provided 25,301 loans for housing purposes, benefiting the same number of families, for a total amount of US$

455.86 million. In this regard, it implemented specific programmes for women, young persons between the ages of 18 and 25, and persons unable to afford regular financing.

40. The Ministry of Public Works and Transport has carried out projects involving the construction, expansion and/or modernization of highways, rural roads, protective works,

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urban squares and cycle paths, thereby helping to improve living standards and create local jobs. Through the Office of the Deputy Minister of Transport, it has taken steps to modernize the public transport system and provide mobility solutions for the population.

Healthy and balanced environment

41. El Salvador has adopted an Environment Act, an Environmental Policy and a National Plan on Climate Change. In order to improve risk management, climate services have been strengthened through the production of studies, maps and specific outputs, and the Centre for Comprehensive Monitoring of Natural Hazards has been upgraded, enabling the National Civil Protection System to receive information for early warning and risk reduction purposes.

42. In terms of sanitation, the number of landfill sites was increased by three in 2018 to ensure coverage for 26 municipalities, with a working capacity of 340 tons of waste per day. El Salvador maintains an inventory of sites contaminated by pesticides or toxic substances and a map of sites identified as places where pesticide waste has been dumped or buried. To date, 86.1 per cent of the country’s contaminated waste has been eliminated.

Between 2014 and May 2018, the production and consumption of ozone-depleting substances was reduced by 45 per cent, in compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer.

43. Integrated water resource management has been strengthened by means of the National Plan for Integrated Water Resource Management, the National Policy on Integrated Water Resource Management and the related Action Plan, the Water Information System, environmental flow calculation, and the recommendations for the selection of urban wastewater treatment methods. In addition, a water quality report on the country’s hydrographic sites has been made available, and surface water and groundwater monitoring networks have been expanded. El Salvador has a water quality laboratory that has obtained its quality certification, as well as eight wetland sites designated as Ramsar sites.

44. In 2017, 2018 and 2019, reforestation campaigns were conducted at the national level. The Ministry of the Environment and Natural Resources and the Ministry of Agriculture and Animal Husbandry have taken coordinated action to combat pest infestations in coniferous forests, and the National Programme for the Restoration of Ecosystems and Landscapes has been launched. By the end of 2018, over 126,000 hectares were being restored, with the involvement of municipalities, local associations, non- governmental organizations and government institutions.

Labour and social security

45. The Ministry of Labour and Social Security has promoted the incorporation of technical regulations into the internal labour regulations of enterprises to prevent discrimination and ensure equality in recruitment and access to employment. It has also developed a guide on the provision of services to persons with disabilities in relation to labour inspections; a practical manual for the provision of services to lesbian, gay, bisexual, transgender and intersex persons; a protocol on the provision of services to persons lodging complaints of sexual harassment or bullying in the workplace; an inspection protocol for alleged cases of gender wage gaps; and a guide on procedures for the monitoring of home- based workers’ labour rights.

46. The National Minimum Wage Council has estimated that the entry into force of a minimum wage increase in 2017 has increased the purchasing power of approximately 237,000 people, 42 per cent of whom are women.

Access to drinking water

47. The National Water and Sewer Administration is the main drinking water and sanitation operator in El Salvador and provides service to 95.6 per cent of the country’s urban population. Through this institution, El Salvador is a member of the Water and Sanitation Forum of Central America and the Dominican Republic, a regional body of the Central American Integration System, and has also been involved in drafting the Regional Framework Law on the Human Right to Drinking Water and Sanitation, which seeks to

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integrate the human right to drinking water and sanitation into the legislative frameworks of member countries. El Salvador has a National Water and Sanitation Plan, which was developed on the basis of a national survey and analysis of water supply systems not administered by the National Water and Sewer Administration, conducted in 2015.

Reduction of poverty and social exclusion

48. During the 2014–2019 Administration, El Salvador began to implement a poverty eradication strategy within the framework of the universal social protection system, taking action in both urban and rural areas. The results of the 2014, 2018 and 2019 multi-purpose household surveys show a reduction, at the national level, in the proportion of households living in poverty, from 31.8 per cent in 2014 to 29.2 per cent in 2018 and 26.3 per cent in 2019.

G. Women’s rights (recommendations 103.8–17, 35, 41–42, 46; 104.11–14, 18–24; 105.49–62)

Holistic approach to violence against women

49. The Specialized Court for a Life Free of Violence and Discrimination for Women, established in 2016, hears cases concerning the offences provided for in the Special Comprehensive Act on a Violence-Free Life for Women; considers complaints under the Domestic Violence Act; monitors the precautionary and protective measures provided for in the Special Comprehensive Act on a Violence-Free Life for Women and the Act on Equality, Equity and Elimination of Discrimination against Women; and hears cases concerning labour discrimination and violations of the right to equality. In April 2015, the Code of Criminal Procedure was amended with the addition of article 16-A, under which the Code must be interpreted in line with the two laws referred to above.

50. The judiciary has units that provide services to victims of domestic violence, sexual abuse and child abuse, as well as crisis response units for cases of sexual abuse. All such specialized units use Gesell chambers to take statements and conduct interviews during judicial proceedings.

51. The Salvadoran Institute for the Advancement of Women has formulated the National Policy on a Violence-Free Life for Women, as well as the following guidelines and mechanisms for the promotion and protection of women’s right to a life free of violence: municipal guidelines for equality and a violence-free life for Salvadoran women;

guidelines for identifying forms and categories of violence against women; a guide to the Special Comprehensive Act on a Violence-Free Life for Women, from a psychosocial perspective; guidelines for accrediting, monitoring and evaluating specialized institutional support units for women; guidelines for accrediting and operating shelters; a protocol for the provision of specialized support to women affected by violence; guidelines for preventing violence against women and mainstreaming the principle of equality and non- discrimination in schools in El Salvador; and a Ministry of Education, Science and Technology protocol for addressing sexual violence in schools in El Salvador. Through the Substantive Equality Training School of the Institute for the Advancement of Women, efforts are being made to institutionalize a policy of professional training to strengthen the capacity of institutions to implement the regulatory framework for substantive equality. The Institute also sponsors a radio programme entitled Voz Mujer (“Women’s Voice”) to promote women’s rights.

52. The Women’s City Programme has a gender violence component that provides comprehensive specialized services to women victims of violence. A plan designed to prevent and comprehensively address all forms of violence has been implemented by the Ministry of Health in primary health-care facilities. Units established within national hospitals provide specialized care to victims of violence, while the Counsel General’s Office provides legal and psychosocial support to women victims of violence. The National Civil Police has drawn up a protocol for addressing gender-based violence and discrimination against women, and the Ministry of Public Works and Transport has developed a protocol for handling cases of discrimination and violence against women.

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53. In 2016, the Institute for the Advancement of Women launched a national support system comprising 88 specialized institutional support units for women affected by violence. In addition, the Ministry of Justice and Public Security established 19 local victim support offices throughout the country, and, through the National Committee on Victim Support, developed a general protocol of assistance to victims of crime, as well as a road map for comprehensive assistance to victims of internal displacement. The National Civil Police has developed a protocol for assisting women victims of violence, established 35 women’s units in different police stations nationwide and worked to prevent violence against women by providing training on the Special Comprehensive Act on a Violence-Free Life for Women and the Act on Equality, Equity and Elimination of Discrimination against Women.

54. In 2017, the Constitutional Division of the Supreme Court found that a provision of the Labour Code stipulating that pregnant women were entitled to job stability and social security only if they had worked for their employer for at least six months was unconstitutional. These entitlements are now enjoyed without any such limitation.

55. The Government of El Salvador has incorporated actions and targets for the reduction of homicide and femicide rates into its 2014–2019 policy framework and has launched a strategy for the prevention of femicide and sexual violence. In 2018, the Institute for the Advancement of Women and the Justice Sector Coordinating Commission and Executive Technical Unit signed a letter of intent for the implementation of the project

“Institutionalization of an information system for the qualitative and quantitative analysis of the phenomenon of femicidal violence in El Salvador”.

56. The Legislative Assembly is currently considering a preliminary draft Special Act on Assistance, Protection and Full Reparation for Victims of Crime and Violence.

Promotion of gender equality

57. In the area of political participation, for the 2018–2021 term, El Salvador has 26 women Legislative Assembly members and 27 women mayors. In the 2014–2019 term, there were eight women Cabinet members, including three ministers and five deputy ministers. The 2019–2024 Administration will promote gender parity in the composition of the Cabinet, with broad participation by women. Currently, women hold the posts of Counsel General of the Republic and Human Rights Advocate and also head policymaking bodies such as the Institute for the Advancement of Women, the National Council for Children and Adolescents, the Salvadoran Institute for Comprehensive Child and Adolescent Development and the National Youth Institute.

58. In 2017, the Ministry of Labour and Social Security, the Ministry of Economic Affairs and the Institute for the Advancement of Women launched a gender equality certification programme to foster good practices in private companies and public institutions. They also signed a memorandum of understanding to form a partnership for gender equality in the workplace.

59. The Ministry of Labour and Social Security, the Salvadoran Vocational Training Institute and the Institute for the Advancement of Women, with support from the International Labour Organization, have conducted outreach campaigns aimed at creating equal opportunities and working conditions for women, including the campaigns “Equal work, equal pay”, “Decent and violence-free work for women” and “Work, education, training and occupations have no gender – choose growth”. In 2017, the Ministry of Labour and Social Security held special job fairs for women, and the Directorate General of Statistics and Censuses carried out a time-use survey to serve as an input for the calculation of the satellite account on unpaid household work.

60. In 2013, a rule under which three days’ paid paternity leave is granted following the birth or adoption of a child was introduced on the basis of amendments to the Labour Code and the Act on Time Off, Vacations and Leave for Public-Sector Employees. In 2015, maternity leave was extended to four months.

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Measures to eliminate discrimination against women

61. El Salvador has established a National System for Substantive Equality and, in 2016, rolled out a national equality plan that serves as the national policy for women’s rights. It has also formed a national committee for the implementation of Security Council resolution 1325 (2000) on women and peace and security, which, in 2016, concluded the national action plan for the resolution’s implementation in the period 2017–2022.

62. The Counsel General’s Office has launched the campaign “You are not alone, COMPLAIN”, to encourage victims of different types of discrimination to lodge complaints. It has also established a procedure for addressing cases of discrimination, which is applied in its 15 specialist support units for women at the national level.

63. Through the economic empowerment component of the Women’s City Programme, more than US$ 3 million in loans have been issued to women; a fund has been created for vulnerable women who are financially excluded or living in extreme poverty; technical and vocational training have been provided to more than 65,000 women; job placement services have been provided to women in the commerce, industry and service sectors; and strategic partnerships for national and international cooperation have been formed to strengthen economic empowerment projects.

64. In 2016 and 2017, the Ministry of Labour and Social Security developed inspection schemes to ensure that women’s rights are being upheld in the workplace. The areas covered include the exercise of their rights in general, entitlement to time off and maternity leave, night work, the gender wage gap, and the payment of bonuses.

65. In 2015, the Women Civil Servants for Equality network was set up to promote public policies and programmes for gender equality and to mainstream the gender perspective in institutions, in line with legislation. A number of public institutions have a policy for gender equity and equality, including the National Civil Police, the National Public Security Academy, the Ministry of Culture, the Ministry of Education, Science and Technology, the Ministry of Foreign Affairs, the Counsel General’s Office, the Supreme Court, the Ministry of Justice and Public Security and the Ministry of Public Works and Transport. The Salvadoran armed forces, the National Public Security Academy, the Supreme Court, the Counsel General’s Office, the Secretariat for Social Inclusion and the Ministry of Labour and Social Security have carried out staff training and awareness- raising initiatives on women’s rights, equality and non-discrimination, the gender approach, the rights of vulnerable groups and inclusive language.

Access to sexual and reproductive health services

66. Since 2012, El Salvador has had a National Policy on Sexual and Reproductive Health, a Comprehensive Integrated Sexual and Reproductive Health Care Unit within the Ministry of Health and a National Strategic Plan for the Reduction of Maternal, Perinatal and Neonatal Mortality. As a result, rates of maternal, perinatal and neonatal mortality have declined significantly.

67. In 2016, the Ministry of Health submitted a preliminary draft Sexual and Reproductive Health Act to the Legislative Assembly; the draft is still under consideration.

Access to contraceptives is ensured through the free provision of contraceptives in first- and second-level health-care facilities; the broadening of coverage in rural areas; counselling services; technical guidelines for the provision of contraceptive services; increased use of intrauterine devices as a long-acting method of contraception; inclusion of the etonogestrel implant as one of the long-acting methods of contraception in the official formulary of contraceptives; and use of emergency contraception.

68. In 2017, the National Cross-sectoral Strategy for the Prevention of Child and Adolescent Pregnancy was adopted for the period 2017–2027. It provides for actions in three main areas: prevention; special protection, access to justice and restoration of rights;

and knowledge management.

69. The sexual and reproductive health component of the Women’s City Programme has a multidisciplinary team of professionals who provide specialized services to women. In 2016 this team began to provide specialized services to women with high-risk pregnancies,

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with a view to eliminating risk factors that could threaten the life of the pregnant woman or the unborn child. The Women’s City subprogramme of community-level services, in coordination with the Ministry of Health, has provided sexual and reproductive health care to women in rural areas. The youth component of the Programme has carried out an adolescent pregnancy prevention strategy, under which it has organized sexual and reproductive health education clinics.

Promotion of literacy among women and girls

70. El Salvador has successfully reduced the illiteracy rate through the National Literacy Programme, which has provided services both within and outside the national education system for more than 36,000 young people and adults who are overage for reading level.

Educational continuity has been ensured through the Programme on Flexible Education Methods, which includes blended online and face-to-face learning, accelerated programmes and virtual secondary school programmes.

Decriminalization of abortion

71. In 2016, a proposed amendment to the Criminal Code concerning elective abortion was submitted to the Legislative Assembly. Under this amendment, abortion would not be a punishable offence in cases where the woman, girl or adolescent is a victim of sexual abuse; where the procedure is necessary in order to save the life and protect the health of the pregnant woman; or where there is a fetal abnormality that is incompatible with life outside the womb.

72. In 2018, the Supreme Court granted pardons to two women who had been convicted of acts related to obstetric emergencies, and since 2016 the Ministry of Justice and Public Security has commuted five sentences of aggravated homicide in relation to obstetric emergencies. The Ministry also has a Reintegration and Restitution Plan for women who have been prosecuted for the offence of aggravated homicide for obstetric reasons.

H. Rights of the child and of adolescents (recommendations 103.19–31, 43, 45, 47–50, 58–61; 104.7–9, 25–26; 105.41)

73. The work of the child and adolescent protection system is guided by the National Policy on Comprehensive Protection for Children and Adolescents. The Policy is being implemented through the National Plan of Action for 2014–2019. In 2017, an assessment of the indicators under this Plan showed that progress has been made in the following areas:

expansion of the coverage of specialized care for children and adolescents with chronic diseases; establishment of breastfeeding rooms in the network of hospitals, health-care units and workplace clinics; preventive and community health coverage; establishment of residential facilities for expectant mothers; and excellent childhood immunization coverage.

Also of note is the expansion of emergency and other services for children by the Salvadoran Social Security Institute.

74. The National Council for Children and Adolescents is carrying out an information and advocacy strategy on the rights of the child and of adolescents in order to raise awareness among the components of the national protection system, national and local stakeholders, families and communities. The strategy includes awareness-raising and training on protection guidelines and mechanisms, issuance of guidelines for the coordinated operation of the national protection system and establishment of referral networks for effectively addressing cases in which the rights of children or adolescents are at risk or have been infringed. Child abuse is defined as an offence in the Criminal Code, and the National Council for Children and Adolescents has carried out a communication strategy for preventing it, through the campaigns “Mark my life” and “Protection begins at home”. Since 2016, the radio programme Hablá Conmigo (“Talk to Me”) has been broadcast to promote child-rearing methods based on positive discipline. In 2017, the Child and Adolescent Protection Act was amended to prohibit all forms of violence against children and adolescents in public and private educational establishments. The Salvadoran Institute for Comprehensive Child and Adolescent Development has an early childhood

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programme aimed at strengthening violence-free childcare and education practices, and uses the “I’m a person too” method to train parents, caregivers and representatives of institutions in the areas of emotional dialogue, understanding of the behaviour of children and adolescents, and tools for appropriate interaction with children and adolescents.

75. In 2016, El Salvador became a “pathfinding country” of the Global Partnership to End Violence Against Children. Under this initiative, which was launched publicly in 2018, the National Council for Children and Adolescents and representatives of organizations working to promote the rights of the child signed a memorandum of understanding on the preparation of a road map for ending all forms of violence against children and adolescents.

76. An Advisory Council on Children and Adolescents was established in 2016. It consists of children and adolescents representing the child and adolescent population of the country’s 14 departments, and is intended to promote the exercise of the right to participation. The Salvadoran Institute for Comprehensive Child and Adolescent Development runs a training school on the rights of the child and of adolescents, which provides basic courses on the Child and Adolescent Protection Act to public servants and the population in general. It also carries out the programmes “Change Your Life”, which is intended to promote the development of children and adolescents who have been victims of sexual violence; “Volunteer Multipliers”, to build adolescents’ participatory leadership skills; “Participation Groups”, to strengthen adolescents’ exercise of citizenship by building their life skills; and “Children’s and Adolescents’ City”, which promotes the empowerment of children and adolescents in the exercise of their rights. The Institute has also created a community-level plan for child and adolescent protection, which includes integrated initiatives in various areas and special protection for children and adolescents facing situations of violence.

77. The Office of the Counsel General, through its specialized units for children and adolescents, carries out the “Know Your Rights” programme for students, and its Preventive Psychosocial Care Unit gives talks to students about the Child and Adolescent Protection Act, prevention of adolescent pregnancy and of sexual abuse and harassment, human trafficking, domestic violence and self-esteem. The Office also holds “rights fairs”

for children and adolescents in street situations.

78. In 2017, El Salvador amended the Family Code to eliminate all exceptions to the prohibition of child marriage. It also unveiled the National Cross-sectoral Strategy for the Prevention of Child and Adolescent Pregnancy for the period 2017–2027, and in 2018 it adopted the National Strategy for Comprehensive Early Childhood Development, 2018–

2028, to ensure that girls and boys have opportunities for comprehensive development, from the womb to 9 years of age.

79. The Ministry of Health has provided comprehensive health care to children and adolescents, taking into account the technical guidelines for comprehensively addressing all forms of violence and the “Safe El Salvador” Plan. It has also implemented a programme of mental health intervention for children and adolescents who fall behind in school. The Ministry of Education, Science and Technology has implemented a pedagogical strategy of full-time inclusive schools to prevent students from dropping out.

80. The Constitution, the Labour Code and the Child and Adolescent Protection Act lay down labour-related protections for children under the age of 18, such as a minimum age for work, limits on working hours and a ban on the performance of unhealthy or dangerous work. Furthermore, the National Committee on the Elimination of Child Labour proposed a list of dangerous activities and occupations that may not be performed by children or adolescents, which was adopted by a ministerial decision in 2011, and also drew up the Inter-Agency Protocol on the Prevention of Child Labour and the Removal of Children and Adolescents from Situations of Child Labour.

81. Under the Special Act against Trafficking in Persons, “human exploitation” is one form of the offence of trafficking in persons and is punishable by 16 to 20 years’

imprisonment in cases where the victim is a child or adolescent, an older person or a person with a disability. Forms of human exploitation include servitude, sexual exploitation, forced labour and forced begging, among others. In 2015, a programme of operations for 2015–

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2017 was created as a management tool for the implementation of the road map for making El Salvador a country free of child labour and the worst forms of child labour.

82. El Salvador has 5,184 State schools serving 196 municipalities; access to these schools is guaranteed for girls or women who are pregnant. The country also has 166 accelerated education programmes for students who are overage and at risk of dropping out.

Accessibility is included as a design element in school construction and renovation. There has been a 30-per-cent increase in the enrolment of girls and boys in the first to sixth grades and the graduation of students from the first and second cycles; such graduates can then return to the education system in one form or another.

83. The “Young People with Everything” programme has been implemented for young people who are in situations of vulnerability because of social violence, to improve their employability and enable them to enter the labour market and the production system.

Between April 2016 and May 2018, the Ministry of Education, Science and Technology enrolled 1,412 young people between the ages of 15 and 29 in the flexible education system, after they were referred from the “Young People with Everything” programme.

I. Persons deprived of liberty (recommendation 103.18)

84. El Salvador has launched a re-engineering of the prison system with the priority aim of effectively rehabilitating and reintegrating persons deprived of their liberty. To this end, it has implemented the “I’m Changing” prison management model, which fosters the participation of inmates in the areas of work, culture, sports, health care, security and knowledge transfer, with family and community involvement. Prison farms have been set up to deal with overcrowding in prisons, and “school kitchens” have been introduced in a number of prisons for the preparation of meals for inmates. There is a Prison Information System in which persons deprived of their liberty are registered. The system includes data on prisoners’ legal status, sentence and participation in programmes and classifies them by risk level, for purposes of personalizing their placement and treatment in prison.

85. The Ministry of Justice and Public Security coordinates a Prisons Committee tasked with analysing the situation of the prison population and gradually improving the conditions in prisons. In 2018, the Comprehensive Health-Care Centre for Persons with Chronic Degenerative Diseases was inaugurated, and the Directorate General of Civil Protection signed an agreement with the National Registry of Natural Persons and municipalities to facilitate procedures for the recognition and birth registration of children and adolescents whose parents are deprived of liberty.

86. In the Social Integration Centres for juvenile offenders, a framework programme of comprehensive services for juvenile offenders is being implemented. The Ministry of Justice and Public Security is carrying out the “New Pathways” programme for adolescents in the juvenile criminal justice system and has made provision for the serving of sentences in open settings. In 2017, the Legislative Assembly amended the Juvenile Offenders Act to provide for the establishment of halfway houses and probation centres for young offenders who are at least 18 years of age and require specialized treatment for purposes of rehabilitation and reintegration into their family and society.

J. Migrants and refugees (recommendations 103.32, 56–57; 104.27–29)

87. In 2011, El Salvador adopted the Special Act on the Protection and Advancement of Salvadoran Migrants and Their Families, and in 2017 it adopted the National Policy on the Protection and Advancement of Migrants and Their Families. The Coordination Committee for Child and Adolescent Migrants has issued technical guidelines for the reception, care and protection of children and adolescents who return to the country by land or air as a result of irregular migration (2014) and a protocol for the protection and care of Salvadoran child and adolescent migrants (2017) with a view to coordinating the steps taken for the reception, care and protection of child migrants. In addition, a road map has been drawn up for meeting the needs of returnee children and adolescents and for the identification of vulnerability profiles. A programme being implemented through the Child, Adolescent and

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Family Services Centres includes components on health, nutrition, education, housing, training, arts and culture, recreation and sports, environment, legal advice, and employment. Moreover, the Salvadoran Institute for Comprehensive Child and Adolescent Development has a plan for meeting the needs of children and adolescents who have returned to their families. The National Registry of Natural Persons provides advisory services on the identity and identification of returnee migrant adults, children and adolescents, locates personal data records and provides adults with temporary identity papers for use until they obtain their permanent identity document.

88. A new Special Act on Migration and Alien Affairs was adopted in 2019. It sets out the categories of migration for aliens and establishes the right to request refugee status, asylum or temporary residence for humanitarian reasons, among others. The Directorate General for Migration and Alien Affairs is the entity responsible for meeting the needs of aliens housed in its facilities, with an emphasis on the health of groups in situations of vulnerability.

89. The National Council on Trafficking in Persons, which was established pursuant to the Special Act against Trafficking in Persons, adopted in 2014, has produced a protocol for dealing with victims of trafficking in persons; carried out campaigns and projects for the prevention of this offence and the provision of services to victims; updated the National Policy on Trafficking in Persons and the related plan of action; trained staff of public and private institutions; implemented information activities to raise awareness of the Special Act; and carried out campaigns to prevent and combat this offence.

K. Human rights defenders (recommendations 103.34 and 104.30)

90. El Salvador has promoted human rights education in order to create a culture of recognition of the role played by human rights defenders. It has fostered opportunities for dialogue with various human rights organizations in connection with the formulation of rights- and inclusiveness-based social policies.

91. Under the Criminal Code, the commission of a criminal offence against a person by reason of his or her “humanitarian work” to promote and protect human rights has been established as an aggravating factor. A preliminary draft of a bill on the recognition and comprehensive protection of human rights defenders and the protection of the right to defend human rights is currently under consideration.

L. Persons with disabilities (recommendations 103.25, 49, 52–53)

92. Records show that there are now 4,371 students with disabilities enrolled in special education institutions and in regular schools that provide educational support services, and 898 students with disabilities enrolled in higher education. In order to improve services for such students, the Ministry of Education, Science and Technology provides pedagogical technical assistance to teachers and has incorporated accessibility as a design element in educational infrastructure. In May 2019, the National Youth Institute adopted the Inclusive and Equitable Policy for the Effective Participation of Young Persons with Disabilities. In the area of the arts, the National School of Dance, the network of cultural centres and the National Centre for the Arts offer a variety of programmes for children and adolescents with disabilities.

93. Inclusive and social infrastructure components have been incorporated into public works projects. Examples include universal design adaptations in hospital zones;

construction of ramps on bridges, sidewalks and bus stops; installation of tactile paving for persons with visual impairments; installation of pedestrian signals, signage and lifts at public transport terminals and stops for persons with reduced mobility; and construction of inclusive recreational and cultural trails.

94. Institutions such as the Supreme Court and the Counsel General’s Office have trained staff in the use of Salvadoran Sign Language to provide services to users who are deaf or hard of hearing. The Legislative Assembly is now discussing a bill on the inclusion