The Migrant Workers Committee expressed its concern about the impact on human rights of the state of emergency established in El Salvador more than a year ago, recalling that although the gangs that operate in the country pose a serious security problem, the modalities of the exception regime limit, among many other things, the work of the defenders of fundamental guarantees, social protests and spaces for dialogue, in addition to affecting the conditions of detention of persons deprived of liberty.
The Committee released this Thursday a report with the findings and recommendations resulting from its periodic review of El Salvador.
When addressing its specialty issue, the Committee underlined its concern about the limited access to justice for migrant workers and recommended that the country adopt the necessary measures to guarantee the full enjoyment of the rights of these workers under international human rights treaties and those referring to the workers to which it is a party.
The report indicated that the country does not have a unified system of data related to migration capable of providing information based on evidence and updated in a timely manner, which makes it difficult to monitor and protect the rights of these people.
On this point, it recommended that El Salvador establish a unified national system that systematically, reliably, and efficiently collects data on the situation of migrant workers and their families.
No antixenophobic policy
The Committee also raised the lack of public policies or specific strategies “to combat hate crimes, violence, xenophobia and discrimination against migrant workers and their families” and added that despite the fact that there are certain sections in the legislation on equal conditions for people in the territory, in practice there is a differentiated treatment for the migrant population, for which reason he asked the country to make an effort so that All migrant workers and members of their families in its territory or subject to its jurisdiction enjoy the rights recognized in international law without any type of discrimination.
On the other hand, it detailed the limited access to justice for migrant workers, regardless of their status, due to the lack of knowledge of the administrative and judicial resources available to them to present complaints and receive effective reparations, and due to the mistrust of national authorities. , given that With the state of exception, the government granted the National Civil Police and the Armed Forces greater powers to use force against suspected gang members, and the Judiciary more margin to point out and prosecute them as possible suspects.
Faced with this scenario, he called for facilitating access to justice for all migrant workers and their families, removing barriers to reporting abuse and violations; as well as launching information campaigns on the administrative and judicial resources available to denounce and receive reparations.
missing migrants
Regarding the cases of migrants who disappeared, died or were victims of crimes in the countries of transit or destination, the Committee regretted that the victims and their families had not been informed of the results of the investigation and insisted that El Salvador should strengthen access to justice, including transnational justice mechanisms, for migrants and family members in cases of disappearance, death or suffering from a crime, guaranteeing their right to the truth and reparation measures.
The Committee pointed out that the figure of immigration detention does not exist in the country, but that of “administrative detention” and expressed concern about the conditions and duration in which it is usedcalling to ensure the right to freedom of migrants within the framework of immigration procedures, and if necessary, adopt alternatives to administrative detention within the framework of the procedure for entering the country or deportation or expulsion from the territory national.
It also proposed that, if immigration detention were used as an exceptional measure, adequate and decent conditions be guaranteed in the places where it is carried out, for the shortest possible time and in a place separate from those who are being criminally investigated.
