QUESTIONNAIRE
ON MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES SENT
TO OAS MEMBER STATES ANNEX
Two years ago the Office of the Special Rapporteur sent OAS member
states a comprehensive questionnaire to gather information on the
situation of migrant workers and their families in the Americas. Questions
touched upon a diverse range of matters, including demographic trends,
xenophobia, equality before the law, illicit trafficking, judicial
guarantees and due process, payment of taxes and access to social
services. The idea was to gain the broadest possible perspective on the
situation, practices and legislation prevailing in our countries, with
special regard to migrant workers and members of their families.
In its 1998 Annual Report, the Office of the Special Rapporteur
included the responses received up until that time. In order to gather
more data, the Commission decided to send the questionnaire once again to
countries that had not yet returned it. The Annual Report for 2000
contains the information received in this second round, as well as
responses to the first round received after the publication of the 1998
Annual Report. This Third Progress Report contains the response received from El Salvador.
QUESTIONNAIRE
ON MIGRANT WORKERS AND THEIR FAMILIES FOR
OAS MEMBER STATES III.
QUESTIONS A)
General and Demographic 1.
Does your country receive
migrant workers and their family members? There
are no legal immigration programs. However,
migrants do come into the country to work informally, although no precise
data are available. a)
How many migrant workers live in
your country? How many of
these persons reside in your country on a regular basis and how many not
regularly? There
are no precise data available, since no specification is made as to which
permanent and temporary residents are working. b)
From what countries do the
largest number of your immigrant workers come, and what are their numbers
or volume? There
are no precise data since they enter from several neighboring countries
(Guatemala, Nicaragua and Honduras) often without passing through border
controls. c)
What percentage of migrant
workers enter legally and then remain there in an irregular status either
because their visas have expired or for some other reason? There
are no data available. d)
What quantity or percentage of
migrant workers, both legal and illegal, in your country are men and how
many are women? There
are no statistics that provide a breakdown by sex. e)
Does your country have
statistics on the number of children of migrant workers, both legal and
illegal, who have been born in your country? There
are no statistics on the number of children of immigrant workers because
having been born in El Salvador they are considered Salvadorans,
regardless of the nationality or status in the country of their parents. Is
your country a country of transit for migrations of migrant workers to
other countries? Unofficially
it is a country of transit. a)
What country or countries do the
migrants in transit come from? What
country or countries are the migrants in transit going? From
Ecuador, Peru, Colombia and other countries in South America; it is
presumed that they are bound for the United States, Mexico, or Canada. Do
workers emigrate from your country in search of work in other countries? Yes. a)
To what countries do those
migrant workers go primarily, and in what percentage to each country? North.
According to estimates from our embassies and consulates, it is
calculated that there are some 2.6 million Salvadorans living abroad.
This figure includes documented as well as undocumented people. Estimates
from our main consulates in the US calculate that of those 2.6 million, at
least 2.3 million
(approximately 89 percent)
live in the United States. Within
the US, the main places of residence are Los Angeles, California
(800,000), New York, N.Y. (421,000), Washington, D.C. (400,000), San
Francisco, California (200,000). Estimates
for the main places of residence outside the US: Ottawa, Canada (62,522),
Toronto, Canada (46,191), Montreal, Canada (40,192), Mexico City (30,000),
Panama (40,000), Belmopan, Belize (30,000). b)
What number or percentage of
workers who emigrate from your country in both a documented and
undocumented fashion are men and how many are women? We
do not have precise statistics. 4.
Does your country accept
migrants as harvest or border workers? Yes. a)
Are there any estimated numbers
of harvest or border migrant workers that come into your country? They
do enter the country, but it is not possible to estimate their number
because they are undocumented immigrants. b)
What country or countries do
these harvest or border workers come from? From
Honduras, Guatemala, and Nicaragua. c)
What type of work do these
harvest or border migrant workers perform in your country? Coffee
picking and sugarcane harvesting 5.
Do these harvest or border
migrant workers in your country migrate to other countries? Yes. a)
Is there any estimated number of
harvest or border migrant workers who go from your country to other
countries? No.
There are no precise statistics. b)
What countries do these harvest
or border migrant workers go to? To
Guatemala, Honduras, and Mexico. c)
What type of work do these
harvest or border migrant workers perform in the countries of employment? Informal
trading, agricultural labor, and various services. 6.
What sector of the economy do
the migrant workers of your country come from? Previously
from the agricultural and professional services sectors. We
do not have precise statistics but they are presumed to emigrate from
rural areas (in the case of farm laborers) and the professional sector. 7.
What percentage of income
(remuneration) do irregular migrant workers have in your country before
they emigrate? Approximately
US$70, depending on the agricultural activity and economic sector.
Professionals earn around US$400 per month. 8.
What average income
(remuneration) do irregular immigrant workers have in your country? We
have not data in that respect. 9.
What is the level of schooling
of the irregular emigrant worker of your country? According
to the Ministry of Education there are no data in that regard because
passport applicants who wish to leave the country only give their
occupation (which may be that of a student of a given trade) and are not
required to provide further details. 10.
What is the level of schooling
of the irregular immigrant worker who comes to your country? There
are no data available. 11.
Do the emigrant workers of your
country sent remittances of money from their country of employment to your
country? What is the total
amount of money remittances that emigrant workers send to your country
either to family members or for other reasons? According
to data provided by the Ministry of Economy (BCR – central bank) in
2000, remittances amounted to some US$2,000 million. 12.
Does your country have policies
governing incoming flows of migration?
If so, could you describe what these policies consist of and give
several examples of them? There
are no such policies. 13.
Has your country signed any type
of bilateral, multilateral or other type of agreement with another country
or countries that deals with the subjects of migrant workers, be they
regular, irregular, harvest, border or other?
If so, what country or countries have such agreements been signed
with and what do they deal with? El
Salvador is a party to two international instruments issued by the
International Labor Organization (ILO): Convention
97 concerning
Migration for Employment (revised 1949) [cl1] and
its recommendations; and Convention 143 concerning
Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers[cl2] .
El Salvador has not entered on any bilateral agreements. 14.
Does your country have any type
of legislation dealing with the topic of migrant workers and their family
members? If so, could you
name these laws and describe them generally? The
following laws govern migrant workers of both sexes: 1.
Migration Law (Legislative Decree Nº 2772 of December 19, 1958,
published in Official Gazette Nº 240, Vol. 181, December 23, 1958) and
its regulations (Executive Decree Nº 33 of March 9, 1959, published in
Official Gazette Nº 56, Vol. 182, March 31, 1959).
Articles 26 et seq. of
this law govern the contracting of specialized services from temporary
residents; Article 62 provides the punishments for illegally contracting
aliens. 2.
Labor Code (Legislative Decree Nº 15 of June 23, 1972, published
in Official Gazette Nº 142, Vol. 236, July 31, 1972). Articles 7 to 11
specifically govern employment of aliens in our country. In that
connection, the last clause of Article 9 provides that, "no official
shall permit the entry to the country of foreign persons to provide
services without the prior approval of the Ministry of Labor and Social
Security." 3.
Law on Organization and Functions of the Ministry of Labor and
Social Security (Legislative Decree Nº 682 of April 11, 1996), which
governs the hiring of Salvadorans to provide services outside national
territory. Article 74
provides in its first clause that “contracts may be entered on with
Salvadoran workers for provision of service outside national territory,
subject to the permission of the Ministry of Labor and Social Security,
which it shall so grant provided the interests of the workers are assured,
or the national economy would not be thus seriously harmed." a)
Does your country have any type
of legislation or government policy that deals specifically with migrant
women workers? If so, what
are these? Could you describe
them? The
Salvadoran Institute for Advancement of Women [Instituto
Salvadoreño para el Desarrollo de la Mujer] (ISDEMU) says that there
are no laws in El Salvador that deal specifically with migrant women
workers. However, there are
laws that govern migrant workers in general, which apply to men and women
alike. It
is only in connection with international agreements or treaties relating
to the issue of migrant men and women workers that there is sense in
making a distinction by sex, since those instruments govern the labor
rights and legal status of foreign persons resident in other countries,
and by the principle of reciprocity, those foreigners enjoy the same
rights as nationals of those countries. b)
Rights Are
migrant workers and their family members free to leave your country to go
wherever they want? Are there
any legal restrictions in this area, either on the individual migrant
worker, his family members or his assets, for reasons of national
security, public order or other? Under
Article 5 of the Constitution all persons have freedom of movement in the
country, provided they have no lawsuits pending or convictions issued
against them by the competent authorities. In
accordance with the Code of the Family, there are travel restrictions for
minors designed for their protection. Are
the migrant workers and their family members free to return and as often
as they wish to their country of origin and to return to your country if
they so desire? Are there any
legal restrictions of this type on either the individual, the family
members, or the assets, for reasons of national security, public order or
other? There
are no restrictions of any type on the entry of Salvadorans, in accordance
with Article 5 of the Constitution. Does
xenophobia or racism with respect to migrant workers exist in your
country? How is it
manifested? Are there any
types of law that punish such acts against migrant workers? Article
3 of the Constitution recognizes the right to equal protection of the law
and the principle of non-discrimination on the basis of nationality, race,
sex, or religion. El Salvador
is a party to the American Convention on Human Rights and to the
International Covenant on Civil and Political Rights, which clearly
prohibit discrimination on these and other grounds.
As
regards legal and constitutional protection, the writ of amparo protects all rights enshrined in the Constitution. There
is no record of evidence of this or that it is an institutionalized
practice. Is
there xenophobia or racism that affects the migrant workers of your
country in the countries of employment or transit?
How is it manifested? Are
there any laws to sanction such acts? There
is evidence of xenophobia and racism in the United States toward Hispanic
people that is sometimes manifested in institutionalized practices, such
as a congressional bill to eliminate Spanish-language teaching from public
schools. Furthermore, the new
Immigration Act [cl3] violates
the rights of immigrants because it provides retroactively for the
deportation of those who have committed crimes. Is
there any discrimination against immigrant workers in your country? How is
it manifested? Are there any laws to punish such acts? There
is no discrimination. We know
of no such cases. There are
no specific laws; however, the Constitution prohibits discrimination on
the basis of nationality.
Is
there any discrimination against emigrant workers from your country in the
countries of employment or the countries of transit?
How is it manifested? The
status of a person in the country has a bearing on their treatment, since
if they are undocumented they tend to be discriminated against by
government officials and employers. Yes,
there is: in some cases because of obstacles to their legal entry to
countries of transit or final destination.
It has been manifested in access to schools, restaurants, and jobs.
Are
there cases in your country of illegal immigrant workers who have less
favorable working conditions than those of your citizens and are these
persons exploited or performing forced labor? If so, could you give any
cases? Are there mechanisms or procedures to make sure that such
situations do not occur? What are they? There
are no recorded data on discrimination. In
El Salvador, there are protection agencies, such as the Office of the
State’s Attorney for the Defense of Human Rights, which deals with these
cases in particular; and Labor Inspectorates, which monitor observance of
labor rights. As
regards mechanisms, there are constitutional procedures such as habeas
corpus. Are
immigrant workers, especially undocumented or irregular workers, employed
at wages below the minimum wage in effect for citizens of your country?
If so, could you give the reasons for this and the consequences? We
have no information to that effect. Do
you know whether any emigrant workers from your country are employed in
the countries of transit or employment under working or wage conditions
that are below the minimum applied or paid to the citizens of those
countries? If so, could you indicate the country or countries where this
occurs, the reasons and the consequences? Consulates
in Mexico and the United States have reported that some Salvadoran
irregular migrant workers are paid a lower wage than the minimum applied
or paid to the citizens of those countries, since their status makes this
type of abuse easy. Generally
speaking, they do not receive social security or any other type of labor
benefit. Does
your country have any type of inspection or criminal, civil or other type
of penalties to prevent employers from hiring irregular migrant workers? Yes.
There is an administrative penalty under Article 62 of the
Migration Law. Can
an irregular migrant worker and the members of his family regularize their
employment situation directly in your country?
If so, how is their status regularized? When
an irregular migrant is detained because of his status in the country,
they are expelled within 72 or 48 hours, as applicable, in accordance with
the Migration Law. Accordingly they cannot regularize their employment
situation. Are
there private agencies or individuals working in your country engaged in
hiring migrant workers for forwarding to other countries? If so, are there
any laws regulating such agencies or individuals? Could you describe those
laws? There
are private companies that act illegally.
There are no express laws in this respect, but Article 370 of the
Criminal Code criminalizes international criminal organizations (organized
crime). If the investigation
reveals them to be members of an international criminal organization, they
are prosecuted for that offense. Furthermore,
Article 36 of the Criminal Code, which deals with trafficking in persons,
provides penalties for traffickers in women and children. Do
you know if there is any illegal or clandestine traffic of irregular
migrant workers in your country, either by individuals, corporations or
national or foreign organizations that conduct such activities? If so, how
do these persons or organizations work to develop the illegal or
clandestine traffic of migrant workers? Under
domestic law these are illicit activities and persons who engage in them
are punished. According
to the National Civil Police, in 2000, investigations discovered that
there was an international criminal organization based in El Salvador that
was engaged in criminal activities of this type. These
persons operated using classified advertisements in different media to
recruit people, who, after filling out the job application form, were
provided with different types of bogus documents, in order to make foreign
contractors think that they were qualified to perform any kind of job. Has
your country taken measures to prevent, eliminate or punish legally (civil
or criminal) any persons, organizations or companies that organize,
assist, participate or work in the illegal or clandestine traffic of
migrant workers? If so, could you describe what these measures or
penalties consist of? Could you reveal any court or administrative
proceedings carried out for this purpose? Yes.
Measures are being taken in this area: the offense of illegal
migrant trafficking has been included in the reform of the Criminal Code,
and in the draft bill on Migration and Nationality.
Furthermore, training in detection of false documents has been
provided to the Frontier Division of the National Civil Police. As
regards court proceedings, the State prosecutes the crimes of
falsification of documents and documentary evidence, trafficking in
persons, and membership of an international criminal organization. Have
there been any cases in your country in the last ten years where immigrant
workers or their family members have been the targets of violence, abuse
or mistreatment, either by employers or other persons, groups or
organizations? What are the inspection and penalty mechanisms to prevent
and condemn such violence and abuse? How many court or administrative
proceedings have been started for this reason? Could you discuss any? We
have no information or knowledge of any court proceedings.
The Criminal Code punishes crimes against life, physical integrity,
and liberty. Have
there been any cases in your country in the last ten years of abuse of
authority, violence, torture or death of immigrant workers and their
family members as a consequence of the activities of the police or
migration officials? Have any court or administrative proceedings been
started or completed in this area, and what have the results been? The
Office of the State’s Attorney for the Defense of Human Rights has
received complaints alleging illegal deprivation of liberty and
mistreatment of in-transit migrants originating from the People’s
Republic of China, Senegal, India, Ecuador, Colombia, and Peru.
In the courts we know of an amparo
proceeding against the Director General of Immigration (for the period
1996 to 1997), in which he was convicted of violation of the right to
liberty and failure to provide minimum conditions of hygiene and food. In
April 2001, The Attorney General opened an enquiry into the case of
Ecuadorian irregular migrants who received gunshot wounds from Navy
personnel when then latter were pursuing them while on a vessel in the
Gulf of Fonseca. The naval
authorities say that the vessel belonged to traffickers of illegal
immigrants and that this vessel fired first. Do
you have any background information on cases in which migrant workers from
your country or members of their families have been the targets of
violence, abuse, mistreatment, torture or death either by employers,
groups or organizations, immigration police or other state employees in
the countries of employment or transit? Could you give any cases? According
to the Program "Bienvenido a Casa" [Welcome Home], a number of people who were
forcibly repatriated and received assistance from the Program have claimed
mistreatment, particularly in psychological terms, at the hands of
immigration officials. We
have received information from our embassies in Guatemala, Mexico and the
United States, as well as from nongovernmental organizations and
journalistic sources, of abuse, mistreatment, and deaths of Salvadoran
migrants in transit to the United States. No
official complaints by migrant workers are reported at the majority of our
consulates in the countries of North America.
Nevertheless, it is known that situations of this type occur, given
that our citizens go informally to consular offices to report
irregularities of this type, without formalizing complaints in writing. For
what reasons can regular immigrant workers be deported from your country? They
can be deported for breaking the law.
Chapter VII (Punishments) of the Migration Law, sets down the
causes for which aliens are to be expelled (Articles 60, 61, 63, and 66).
Article 96 of the Constitution provides that aliens are strictly required
to respect the authorities and to obey the law. Article
97 of the Constitution says that aliens who participate directly or
indirectly in the domestic politics of the country lose the right to
reside therein. Can
any determined group of immigrant workers and their family members be
expelled as a group from your country? No
cases have been reported. 35.
What is the competent authority to determine whether an immigrant
worker and members of his family can be expelled from your country? Is it
the same authority for both regular and irregular immigrant workers? The
Ministry of the Interior through the General Directorate of Immigration. a)
Can an immigrant worker and his family members who are expelled
from your country go to a country other than his country of origin? Yes,
if the other State admits them. b)
What is the administrative or court procedure to expel an immigrant
worker and his family members from your country? Are there different
procedures for regular immigrant workers and irregular immigrant workers? There
are no different procedures. There
is an administrative procedure provided in the Migration and Nationality
Law [Ley de Migración y Extranjería]. c)
Do both regular and irregular immigrant workers have court remedies
to apply for or seek a review of the measure? If so, could you indicate
what these actions are and describe them? Under
Article 18 of the Constitution, all persons are entitled to address their
petitions in writing to the established authorities.
Article 67 of the Migration Law provides that appeals against the
decisions of the General Directorate of Immigration must be presented to
the Ministry of the Interior within three days.
In the courts, there are constitutional remedies, such as amparo
and habeas corpus. d)
When such a review is pending, is the immigrant worker expelled or
can he remain in your country until the review is finally resolved? According
to the Migration Law and the Constitutional Procedures Law, immigrant
workers remain in the State until a decision is issued. e)
In what language are immigrant workers informed of the decisions of
administrative or court authorities? In
the official language of El Salvador:
Spanish. If possible,
translation is provided, in accordance with the Constitution and the
international agreements ratified in this area. 36.
If an immigrant worker and his family members are expelled under
the terms of a resolution from an administrative authority and the
resolution is later nullified, does that person have a right to any
compensation? If so, can you describe the procedure followed to obtain
such compensation? There
is no compensation because the Migration and Nationality Law does not
provide for any. 37.
After an expulsion resolution is issued, how much time is given to
the immigrant worker and his family members to leave the country? What
information is taken into account to determine how much time they have
before they must leave your country? Under
Article 13 of the Constitution and the immigration laws, they have 72
hours. 38.
If an immigrant worker is expelled or deported, whether he is
regular or irregular, what happens to any pending matters related to him,
an example being any wages owed to him? No
specific legislation exists in that regard. 39.
Are irregular immigrant workers and their family members entitled
to fair trial and court protection on the same terms as citizens of your
country? Can an irregular immigrant worker be expelled from your country
merely by appearing before the court system for any other matter? Are
legal counsel services available to migrant workers who are unable to pay
the legal services of a professional? They
are entitled to the guarantees that the Constitution affords.
Appearance before the courts is not grounds for deportation.
Those unable to afford the services of a professional attorney have
a public defender provided for them.
There are nongovernmental organizations, such as the Human Rights
Institute of Universidad Centroamericana José Simeón Cañas, the Salvadoran
Association of Los Angeles[cl4],
Central American Refugee Center[cl5]
(CARECEN), and others. Furthermore,
the Office of the State's Attorney for the Defense of Human Rights takes
up petitions of this type, and the Attorney General's Office provides the
services of public defenders. 40.
Are immigrant workers and their family members entitled to appear
before the diplomatic authorities of their country of origin or to seek
assistance for the protection of their rights, or from the authorities who
represent the interests of that country? If so, how is that right made
available to the migrant workers and their family members? The
norms on protection contained in the 1963 Vienna
Convention on Consular Relations[cl6]
are observed. Furthermore,
Article 99 of the Constitution provides that aliens only have recourse to
diplomatic authorities in the event of denial
[cl7]of
justice and after the legal remedies they may have attempted have been
exhausted. Everyone
has the right to communicate by telephone with their diplomatic or
consular representatives, or to
inform the relevant authority of the situation.[cl8] 41.
Do irregular immigrant workers
have to pay taxes on their salaries or wages? They
would be legally required to pay if their employers registered them. 42.
Do irregular immigrant workers
have any type of coverage of their health needs by the public health
service? If so, how is such
coverage extended and what does it consist of? If
necessary, they may go to any State hospital or national health center for
any emergency or disease that requires primary medical attention. 43.
Do irregular immigrant workers
and their family members have access to the benefits of the social
security system of your country? If
so, what do these benefits consist of?
Are there any limitations in this connection on irregular migrant
workers? If so, what are they? The
Salvadoran Social Security Institute has
agreements with the Social Security Institutes of all the other Central
American countries, which makes it possible to provide attention to all
the workers in the region who are in transit.
Regardless of their status in the country, migrant workers can be
insured provided their employers register them. 44.
Do immigrant workers have the
right to organize or join trade union organizations?
If so, are there any limits on them?
What do they consist of? In
accordance with Article 47 of the Constitution, workers in the private
sector, irrespective of nationality, have the right to associate freely in
defense of their respective interests by forming professional associations
or trade unions. However, foreigners are not permitted to be members of a
union leadership or to belong to
immigrant workers' union organizations[cl9]. 45.
Does your country conduct
activities that promote the human rights of migrant workers and their
family members? If so, what
are those activities? It
is a constitutional precept that all inhabitants of the Republic are
entitled to protection of their fundamental human rights.
At the national level, the
Office of the State's Attorney for the Defense of Human Rights does
important work to promote respect for the rights of migrant workers and
their families. Furthermore,
the Migrants’ Forum, a national consensus-building entity, is concerned
with the issue of migrants and upholding their rights. As
regards nationals who emigrate to other countries in search of
opportunities for a better life, in order to protect our compatriots an
enormous coordinated awareness-raising and promotion effort is being
implemented by the Government, national public agencies, and
nongovernmental organizations. 46.
Are there any associations
recognized by the country that are engaged in promoting and protecting the
rights of migrant workers and their family members?
If so, include a list of such organizations. The
public agency with that task is the
Office of the State's Attorney for the Defense of Human Rights.
There are also a number of nongovernmental organizations that are
involved in migration issues
in the framework of the Migrants’ Forum, where one area of activity is
protection of the rights of migrant workers and their families. 47.
Do immigrant workers and their
family members have freedom of thought, conscience and religion?
Are there any restrictions in this area? Migrant
workers and their families are guaranteed these freedoms under Articles 6
and 25 of the Constitution. Furthermore,
El Salvador has ratified the American Convention on Human Rights and the
International Covenant on Civil and Political Rights, which recognize
those rights. 48.
Do immigrant workers and their
family members have the freedom to profess, practice, teach, either
individually or collectively in public or private places, their religious
manifestations or beliefs? Are
there any restrictions in this area? Article
25[cl10]
of the Constitution guarantees the free exercise of religion, subject only
to the restrictions required to preserve public morals and order. 49.
Do immigrant workers and their
family members have the freedom of opinion and expression, without any
interference? Are there any
restrictions in this area? Do
immigrant workers and their family members have special channels or ways
to express their opinions? They
have freedom of opinion and expression pursuant to Article 6 of the
Constitution, provided they do not subvert public order, nor harm the
morals, honor, and private lives of others. The
right of reply exists for people to protect their rights and guarantees. 50.
What nationality do the children
of immigrant workers, either regular or irregular, acquire when they are
born in your country? Do the
children of immigrant workers, both regular and irregular, born in your
country have the right to an identity and to have their birth recorded in
your country? Are there any
limits in this connection on irregular migrant workers? In
accordance with Article 90 of the Constitution, persons born in El
Salvador are entitled to Salvadoran nationality by birth.
There are no limits on the children of irregular [migrant[cl11] ]
workers. Do
the children of irregular migrant workers born in your country have the
same benefits as the children of the citizens of your country?
Are there any legal or de facto limits?
If so, what do they consist of? They
have the same rights because they are Salvadoran by birth; there are no
limits. Do
the children of irregular or undocumented immigrant workers have access to
public schools on the same terms as the children of citizens of your
country? Are there any legal or de facto limits? If so, what do they consist of? It
should be mentioned that there is no separate section of the [Education[cl12]]
Law that deals specifically with immigrants.
For that reason these people do not receive special treatment.
Furthermore, despite the requirement of the original birth
certificate for the purposes of enrollment in schools, immigrants are not
treated in an manner designed to exclude them, because there is no article
in the Constitution that contains any such restrictions.
Immigrants are not specifically addressed in the Constitution or in
the General Education Law. In
addition, Article 3 of the Constitution provides that all persons are
equal before the law and are entitled to the same civil rights without
distinction on the basis of nationality, race, sex, or religion.
Article
55 of the Constitution and Article 2 of the General Education Law provide,
inter alia, that the purpose of
education is to inculcate respect for human rights in all students and
combat all attitudes of intolerance and of hate.
By the same token, Article 4 of the General Education Law provides
that the State shall promote full access to the education system for all
people capable to participate therein, as a strategy to democratize
education. That strategy will include development of adequate physical
infrastructure, and provision of competent personnel and of the necessary
curricular instruments. The
Office of the State's Attorney for the Defense of Human Rights knows of no
cases where education access has been denied.
However, their illegal status of could prevent them from the
enjoyment of benefits of this type (for fear of deportation or dismissal
from their jobs). 51.
Have there been any cases in
your country in the last ten years in which the children of irregular
immigrant workers been denied access to the public schools or had this
access restricted? If so: No.
According to the Ministry of Education, there
are no known cases of this nature. There
is no evidence to prove or disprove that the children of irregular
immigrant workers are restricted in their access to state schools.
However, it would be advisable to conduct research on this issue in
border areas of Central America. The
absence of a significant number of irregular immigrants in the country
rules out, for the moment, the inclusion in laws of separate sections on
the situation of immigrants. a)
What are the arguments that have been
made to deny or restrict access to public schools to the children of
irregular migrant workers? Not
applicable. b)
Are there any administrative or
court remedies available to deal with this situation?
What are the means or remedies available to those affected?
Could you describe them? Not
applicable. Is
respect for the cultural identity of immigrant workers and the members of
their families guaranteed in your country?
Are there any special measures taken to promote such respect? Yes.
It is guaranteed by law. For instance, the General Education Law provides,
with respect to the rights of students: That
students shall be educated in respect for human rights and in the defense
of the principles of liberty, scientific truth, morality, and justice;
they are also entitled to be treated with justice and respect and not to
be subjected to corporal punishment, humiliation, physical or mental
abuse, neglect or negligent treatment, mistreatment or exploitation,
including sexual abuse. No
special measures are taken to promote such respect in the treatment of
immigrant workers. However,
values such as respect and solidarity are fostered in children because
they are cross-cutting themes of the national schools curriculum. Can
regular immigrant workers and their family members transfer their
earnings, savings and personal effects to their country of origin once
their stay in your country is over? Are
there any limits in this area? If
so, what are they? What is
the procedure that is followed? There
are no limits. Are
there mechanisms for returning the remains of immigrant workers, both
legal and illegal, who die in your country to their country of origin?
What are these mechanisms? Repatriation
depends on the wishes of the relatives and of the government in the
country of origin. The Government, through the Ministry of Foreign Affairs,
makes arrangements on behalf of the relatives of Salvadorans who die
abroad. Furthermore, a
proposal is being lobbied at the International Organization for Migration
(IOM) to create a fund for repatriation of bodies and seriously injured or
ill persons. It is also
proposed to create bilateral programs for the return of bodies, in
particular with Mexico and Guatemala. Does
your country have special programs to achieve reunification of the
families of migrant workers? Yes.
Through the IOM, special family reunification programs are
implemented with the United States; such programs are also being
implemented with Belize, Mexico, Canada, and other countries. Do
immigrant workers have political rights in your country?
If so, what do those rights consist of? Only
Salvadoran citizens have political rights.
An alien who obtains Salvadoran nationality acquires the citizen
rights provided at Articles 71 and 72 of the Constitution. Do
emigrating workers from your country have the possibility to vote and
exercise other political rights when they are located in the country of
employment? They
cannot vote because only citizens of the country may exercise political
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