El Salvador

Prepared by civil society, the law is comprehensive and aligns with all elements in the Model Law, going further in some cases. The protection mechanism is comprehensive. It never left the parliament floor nor was properly discussed.

Record n.° 342-9-2018-1. Law initiative for the recognition and integral protection of human rights defenders and to guarantee the right to defend human rights

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
Not adopted; Submitted on 6 September 2018; Archived by Congress on 19 May 2021.

Comments on the instrument:
The draft law, prepared by civil society, is comprehensive and aligns with all elements in the Model Law. It also extends many elements and includes guiding principles to assist with interpretation and implementation. The Protection Mechanism established by the draft law is comprehensive and appears to have enough functions and capabilities to serve human rights defenders. However, the law never left the parliament floor nor was properly discussed. Some civil society that participated in the drafting considered the archival to be ‘an act of disrespect and disregard of [their] efforts, showing that the current parliament did not care for human rights’.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No

Comparison to the Model Law

Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on El Salvador, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	2
Right to promote and protect human rights and fundamental freedoms	FULL	1(a), 4
Right to Form Groups, Associations, and Organisations	FULL	5
Right to Solicit, Receive and Utilise Resources	FULL	6
Right to freedom of expression and to seek, receive and disseminate Information	FULL	7, 9, 20
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	FULL	8
Right to participate in public affairs	FULL	10
Right to Peaceful Assembly	FULL	11
Right to represent and advocate	FULL	12
Right to freedom of movement	FULL	13
Right to Privacy	FULL	14, 21
Freedom from intimidation or reprisal	FULL	15
Freedom from defamation and stigmatisation	FULL	16, 19(f), 33

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	18, 35
Obligation to facilitate the activities and work of human rights defenders	FULL	19, 20
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	22, 23
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	17, 24-31

Mechanism on the protection of human rights defenders established in the instrument?
Yes, in Title IV, articles 36 and subsequent.

Provision	Covered?	Articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	36, 37, 48(i,j)
Training of mechanism’s personnel on human rights and fundamental freedoms	FULL	39-41, 47, 60
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	PART	1(f), 42(f,g), 48(k,q,w)
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	38, 48(v), 61-63
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	FULL	19(c,d), 32, 37(d), 42(b), 48(d,p)
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	37(e), 48(o)
Development of protocols and guidelines based on best practices to protect human rights defenders	FULL	42(g), 48(d,i,n), 50, 63(d)
Assist investigations for prosecuting offences against human rights defenders	PART	37(c),48(l,m)
Granting of protective measures based off a specific risk assessment	FULL	19(e), 34, 37(a,b,f), 42(c,d), 47, 48(a,b,c,e,f,g,h), 49, 50
Review / appeal of Mechanism decision before courts or independent authority	PART	42(e), 57-59
Confidentiality and personal data protection	FULL	14, 47
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	37(g), 42(f,g,h), 48(k,t,u)

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General law initiative