El Salvador

 I.              Introduction

1.     El Salvador is a Central American nation state that is partially located within the Dry Corridor. The Dry Corridor is one of the top eight areas affected by climate change[1], experiencing droughts, hurricanes, and flooding.[2]The volatile nature of the climate in the Dry Corridor is being exacerbated by climate change, which leaves El Salvador vulnerable to lengthy stretches of time without rainfall in the dry season and tumultuous rains in the wet season. In order to limit the damage to Salvadoran citizens, strong initiatives need to be implemented. Further, El Salvador continues to struggle with a longstanding issue of gang violence. Both climate change and persistent gang violence impact the human rights of each Salvadoran citizen.

II.            Climate Change Issues Impacting Human Rights In El Salvador

2. Water scarcity is a leading human rights issue in El Salvador that is only worsened by climate change. Several factors contribute to water scarcity in El Salvador. This includes geographical factors, poor regulation of commercial activities, and inadequate waste management.

The Right to Safe and Clean Drinking Water 

3. About 95% of El Salvador lies within the Dry Corridor, making it uniquely vulnerable to the adverse effects of climate change. One of these adverse effects is the increasing severity of both the dry and rainy seasons in El Salvador. Its mountainous terrain further adds to geographic variability in precipitation levels and temperature.[3]Additionally, the terrain includes a coastal belt and a centrally located plateau.[4] Due to these factors, only about one-fifth of the land in El Salvador is suitable for agriculture. In addition, the land is also not well equipped to retain water that could be later used for drinking or agriculture. This is the result of the lack of an effective water management system.

4. The geographical factors yield a situation where the water resources in El Salvador need to be effectively managed to maintain consistent access.  However, that is currently not the case. Climate change has led to increasingly heavy rainfalls during its rainy season. The severity of the rain in conjunction with poor water management infrastructure leads to this rainfall causing more harm than good. After days of heavy rainfall in June 2024, 19 deaths were recorded in El Salvador.[5] In neighboring countries, Guatemala and Honduras, ten people and one person died, respectively.[6] This is just one of many instances where heavy rainfalls has caused significant damage to the terrain and structures, which ultimately led to serious injuries and deaths. Further, the difference in the death toll between the three countries is indicative of a greater vulnerability in El Salvador to heavy rains.

5. Soil degradation and excessive deforestation have led to hard packed soil that is impenetrable by heavy rains.[7] Industrial agriculture also plays a role in the soil’s poor condition. So, although El Salvador is receiving an abundance of rain during their wet season due to climate change, it does not seep into the ground enough for it to be utilized. Without the ability to retain the heavy rain that has become characteristic of a climate change-impacted wet season, El Salvador will continue to struggle with water accessibility.

The Principle of Permanent Sovereignty Over Natural Resources (Water) 

6. Another way in which human rights are impacted by the water crisis in El Salvador is through the commercial exploitation of water resources. In December 2021, the government of El Salvador approved a new water resources law and created a new agency called the Salvadoran Water Authority (ASA).[8] The law established that any person or entity that would like to use water for non-domestic reasons need authorization from ASA.[9] The original intent behind this law was to move toward efficient water management and improve access to water for Salvadorans.

7. In practice, the ASA authorization process disproportionately allocates water use permits to for-profit businesses instead of the local water boards that serve local citizens. El Salvador has 2,325 local water boards, which have taken over the responsibility of creating infrastructure to ensure regular water access for rural citizens where the government has failed to do so.[10] The ASA authorization process does not differentiate between local water boards and for-profit businesses, and both are required to supply proof of land ownership to access the water in the relevant area. Local water boards struggle to fulfill that requirement as they are typically run by volunteers from rural communities seeking secure access to water for their families and neighbors. As a result, 18,740 private entities have received water use permits from ASA while zero local water boards have been able to receive permits.[11]

8. The disproportionate allocation of water use permits by the ASA infringes upon the permanent sovereignty over natural resources of the Salvadoran people. By maintaining an inequitable registration process, the ASA harms local communities and limits their ability to access water resources rather than improving it. This level of inequity has consistently been an issue in El Salvador with industrial plantations, mining corporations, and bottling companies receiving priority access to water resources.[12]  We refer El Salvador to UNGA Resolution 1803 (XVII) (Permanent Sovereignty over Natural Resources).

9. These corporations tend to take advantage of poor regulation from the Salvadoran government and pollute the nearby waterways with their runoff. Over 90% of surface water sources are contaminated.[13] The main rivers cannot be filtered for drinking because of the levels of untreated waste flowing into them from industrial and agricultural facilities.[14] This has implications for the right to a clean, healthy, and sustainable environment.

III.          The Influence of Gang Violence on Human Rights in El Salvador

The Right to Freedom of Movement in a Country 

10. The prevalence of gang violence in El Salvador poses significant human rights concerns that interact with the effects of climate change. Various gangs in the country have taken over different neighborhoods and harm those who cross gang-set boundaries.[15] Gang violence therefore limits the ability of local citizens to move freely within their state, and also limits access to resources that fall under different gang’s territories. For example, the San Antonio River, traditionally used by local women as an open-air laundry, is within the territory of the Barrio 18 gang[16]. Those in an opposing gang’s territory have to risk their lives to access this natural resource. Since water is a scarce resource throughout El Salvador, the existence of internal borders set by gangs only present a higher obstacle to accessing it.

Infringement of Due Process Rights 

11. We express concern about governmental policies designed to address gang violence. The current President of El Salvador, Nayib Bukele, appears to be prioritizing gang violence in his agenda. However, he is creating numerous other human rights concerns in the process. In March 2022, President Bukele announced a state of emergency that allowed him to arrest thousands of people without a fair trial.[17] This state of emergency was originally set for 30 days and has been extended for the 26th time, as of May 2024.[18] Prominent human rights defenders have been detained under this state of emergency.[19]

12. Throughout Bukele’s presidency, numerous environmentalists and their family members have been arrested and killed. Some of these arrests included five environmentalists who were at the forefront of the landmark mining ban in 2017.[20] The charges brought against the five men included a charge of illicit association, which has been widely used to detain over 60,000 Salvadorans under the state of emergency.[21] The overuse of the illicit association charge casts doubt on the integrity of Bukele’s administration in tackling gang violence. Many Salvadoran human rights leaders have accused the administration of using the issue of gang violence as a guise to imprison community members who disagree with Bukele’s actions. This is fueled by indications that Bukele’s administration seeks to reinstate mining within the country. The arrested men were all key players in the original ban of mining.

Right to Be Free from Arbitrary Detention 

13. We express concern that the extended state of emergency in El Salvador is infringing the right of many Salvadorans to be free from arbitrary detention. In the year between the implementation of the state of emergency in March 2022 and April 2023, 66,000 people were detained.[22] These high numbers of detentions were achieved by suspending the presumption of innocence and a right to a defense.[23] This allowed Salvadoran law enforcement to arbitrarily arrest people and imprison them indefinitely. Further, Amnesty International documented instances of judges holding virtual hearings where up to 500 people were simultaneously tried with little to no evidence implicating them in the commission of a crime.[24]

Right to Have a Fair Trial

14. We express concern that those Salvadorans subject to arbitrary mass arrest are then denied a right to a fair trial. Under the state of emergency, Bukele’s administration removed the two-year time limit for criminal proceedings, which creates the possibility of people being detained without any trial at all.[25] Additionally, there have been reports of mass trials. Mass trials further limit the right to have a fair trial because each defendant is stripped of their individual right to properly present their case to a judge. Bukele also implemented reforms that allow one person’s confession to implicate others.[26]

Right to Be Free from Torture and Cruel, Inhuman, and Degrading Treatment 

15. We express concern about allegations of torture and cruel, inhuman, and degrading treatment. Salvadorans who are detained under the state of emergency are held in prisons under harsh and secretive conditions. One prison is Cecot, which was built in 2023 to house “high-ranking” Salvadoran gang members.[27] The prisoners in Cecot live in cells that can reach up to 35 degrees Celsius (95 degrees Fahrenheit), sleep on bare metal, and eat without any utensils.[28]

16. As of March 2024, there have been at least 235 deaths in custody.[29] These deaths have caught the attention of many human rights groups in El Salvador because of the lack of transparency within the prison system. Families often lose track of their relatives once they are inside. The conditions experienced by other prisoners have been described as “horrific.” One account states, “Prisoners are packed into cells and defecate in open receptacles that aren’t emptied until full. They subsist on a couple corn tortillas per day and lack clean drinking water.”[30]

IV.          How Human Rights are Impacted at the Intersection of Climate Change and Gang Violence

17. When both the issue of climate change and gang violence intersect, there is a clear impact on the right to an adequate way of living in El Salvador. Worsening climate change negatively impacts access to natural resources and subjects Salvadorans to increasingly dangerous weather events. Persistent gang violence limits the ability of Salvadorans to move freely throughout their country and takes many lives. In tandem, the response by the Bukele Administration to social problems is exacerbating human rights concerns.

18. We urge El Salvador to consider the government’s responsibility in protecting human rights in the context of climate change, particularly in light of the European Court of Human Rights decision in KlimaSeniorinnen v Switzerland. In KlimaSeniorinnen, an association of senior women brought three complaints against the Swiss government. One of the complaints was that the inadequacy of Switzerland’s climate policies was a violation of the women’s right to life and health under Articles 2 and 8 of the European Convention on Human Rights (ECHR). The European Court of Human Rights ultimately found a violation of Article 8. The court reasoned that Article 8 includes a right to protection from the State from the serious harms of climate change on quality of life and wellbeing.

19. KlimaSeniorinnen declares that governments must implement effective policies to mitigate and address climate change in order to protect, respect, and fulfill their human rights obligations. The court specifically highlighted the Swiss government’s lack of a regulatory framework for greenhouse gas emission and national emissions limits.[31] In the context of El Salvador, which is a low-emissions country, KlimaSeniorinnen counsels that the government must do far more with respect to water management infrastructure and robust climate change initiatives. For example, 19 people lost their lives when heavy rainfall hit El Salvador in June 2024.[32] Protecting the right to life of Salvadorans requires the government to invest in infrastructure that can limit the damage caused by the heavy rainfall now aggravated by climate change.

V.            Recommendations

20. Regulate commercial water use and other commercial activities. El Salvador must enhance regulation for commercial activities within the State and invest in regulatory enforcement. One of the biggest obstacles that Salvadoran citizens face when it comes to environmental conservation is the pollution of their resources by commercial entities. According to a study on water contamination in El Salvador, over 40% of water supply systems and 95% of rivers in the country are highly polluted. [33] This fact is jarring and highlights the significant impact of pollution on the depletion of the water supply in El Salvador. This pollution infringes the right to a clean, healthy, and sustainable environment in El Salvador.

21. The Salvadoran Water Authority (ASA) should create an equitable process that prioritizes the water needs of the local water boards in comparison to the requests of private entities and corporations. Furthermore, the ASA should regulate commercial activities in the country to ensure that water is not overused and polluted by private entities.

22. Reinstate the presumption of innocence until guilt is proven and establish a clear standard for detaining individuals. There must be clear guidelines on who can be detained and how long they can be detained until they appear before a judge.

23. Establish rehabilitation programs for imprisoned gang members. We express significant concerns over the treatment of people imprisoned in El Salvador. We urge the government to respect the right to a fair trial and to ensure that detainees are given fair sentences based on their crimes. Furthermore, the government should prepare those with the shortest sentences for reentry into the community. This includes educational programs within prisons for young recruits who have not completed school and skills training for all ages. Access to books and vocational training should also be provided to reduce recidivism and break the cycle of gang violence.

24. Invest in educational programs for youth who have not joined gangs. This includes working with families to understand their support needs to keep their children in school and pursue careers. This could also expand into increased investment into eradicating extreme poverty in El Salvador, to prevent youth from feeling the desperation that makes them vulnerable to gang recruitment.

25. Increase government attention and investment in the needs of the citizens through community initiatives and empowerment of community leaders.

26. Create environmental jobs that focus on building climate change resilient infrastructure. In the short term, the government should invest in environmental initiatives that create tens of thousands of jobs in the country. This could include construction jobs for building stronger structures and roads; water management jobs for building and maintaining water treatment facilities; and waste management jobs targeting pollution of rivers and other natural spaces.

27. Address environmental and gang violence issues simultaneously. To tackle gang violence, create environmentally focused jobs for those reintegrating after the criminal justice system. This approach can address El Salvador’s climate issues, beginning with waste management. Jobs can be created for building and operating secure waste processing facilities and transporting waste from households to these assigned facilities and cleaning polluted natural resources like rivers and land.

28. Increase investment in greenhouse farming, as introduced by the World Food Programme. This initiative uses greenhouses and hydroponics technology to allow Salvadoran farmers to grow produce over infertile land.[34] The government should invest in similar larger scale project that can increase agricultural productivity in the country. In addition, the government should target those already struggling to cultivate crops on the dry land, investing in families most susceptible to fleeing or losing their youth to gang activity due to financial struggles.

29. Invest in programs designed to protect human rights from accelerating climate change impacts.

[1] World Food Program USA, “The 8 Countries Most Affected by Climate Change,” United Nations World Food Program, April 21, 2023, https://www.wfpusa.org/articles/countries-most-affected-by-climate-change/

[2] Id.

[3] Herman Chávez, Daria Ivleva, Héctor Munoz, and Katarina Schulz, “Climate-Fragility Risk Brief: El Salvador,” Adelphi Research, 2023 https://climate-diplomacy.org/sites/default/files/2024-02/Risk_Brief_El%20Salvador_24.02.15%20smaller%202-compressed.pdf

[4] Id.

[5] Merlin Delcid, “At Least 30 Dead After Days of Heavy Rains in the Northern Triangle,” CNN, June 21, 2024, https://www.cnn.com/2024/06/21/americas/rain-deaths-guatemala-honduras-el-salvador-intl-latam/index.html

[6] Id.

[7] Heather Gies, “Once Lush, El Salvador is Dangerously Close to Running Dry,” National Geographic, November 2, 2018, https://www.nationalgeographic.com/environment/article/el-salvador-water-crisis-drought-climate-change#:~:text=The%20Nejapa%20aquifer%20serves%20as%20the%20water,for%20the%20majority%20of%20metropolitan%20San%20Salvador

[8] Carolina Interiano and Marianella Guidos, "Approval of the General Law for Water Resources," Lexology, December 22, 2021, https://www.lexology.com/library/detail.aspx?g=898f9580-adc5-4c89-b433-a3dec505ff4d

[9]Id.

[10] “Rural Water Boards in Danger as Government Props Up For-Profit Exploitation,” Committee in Solidarity with the People of El Salvador, April 16, 2024 https://cispes.org/article/rural-water-boards-danger-government-props-profit-exploitation

[11]Id.

[12] Heather Gies, “Once Lush, El Salvador is Dangerously Close to Running Dry,” National Geographic, November 2, 2018, https://www.nationalgeographic.com/environment/article/el-salvador-water-crisis-drought-climate-change#:~:text=The%20Nejapa%20aquifer%20serves%20as%20the%20water,for%20the%20majority%20of%20metropolitan%20San%20Salvador

[13] Id.

[14] Id.

[15] Nina Lakhani, “Living Without Water: The Crisis Pushing People Out of El Salvador,” The Guardian, July 30, 2019, https://www.theguardian.com/global-development/2019/jul/30/el-salvador-water-crisis-privatization-gangs-corruption

[16] Id.

[17] Maxwell Radwin, “What’s at Stake for the Environment in Salvador’s Upcoming Election?” Mongabay, January 29, 2024, https://news.mongabay.com/2024/01/whats-at-stake-for-the-environment-in-el-salvadors-upcoming-election/

[18] Crisis24, “El Salvador: State of Emergency Extended Until at Least June 11,” Crisis24, May 13, 2024, https://crisis24.garda.com/alerts/2024/05/el-salvador-state-of-emergency-extended-until-at-least-june-11-update-26

[19] Maxwell Radwin, “What’s at Stake for the Environment in Salvador’s Upcoming Election?” Mongabay, January 29, 2024, https://news.mongabay.com/2024/01/whats-at-stake-for-the-environment-in-el-salvadors-upcoming-election/

[20] Nina Lakhani, “Salvadoran Environmental Defenders Detained for Decades-Old Crimes,” The Guardian, January 14, 2023, https://www.theguardian.com/world/2023/jan/14/el-salvador-environmental-defenders-arrested-mining-ban

[21] Id.

[22] Amnesty International, “El Salvador: One Year into State of Emergency, Authorities are Systematically Committing Human Rights Violations,” Amnesty International, April 3, 2023,  https://www.amnesty.org/en/latest/news/2023/04/el-salvador-state-emergency-systematic-human-rights-violations/

[23] Id.

[24] Id.

[25] Carolina Sandoval, “Mass Trials in El Salvador are an Alarming Assault on Human Rights,” The Washington Office on Latin America, August 10, 2023,   https://www.wola.org/analysis/mass-trials-in-el-salvador-are-an-alarming-assault-on-human-rights/

[26] Id.

[27] Leire Ventas, “Coming Face to Face with Inmates in El Salvador’s Mega-Jail,” BBC, February 14, 2024, https://www.bbc.com/news/world-latin-america-68244963

[28] Id.

[29] Amnesty International, “El Salvador: The Institutionalization of Human Rights Violations After Two Years of Emergency Rule,” Amnesty International, March 27, 2024, https://www.amnesty.org/en/latest/news/2024/03/el-salvador-two-years-emergency-rule/

[30] Associated Press, “Prison Deaths Mount in El Salvador’s Gang Crackdown,” NBC News, October 24, 2022, https://www.nbcnews.com/news/latino/prison-deaths-mount-el-salvadors-gang-crackdown-rcna53759

[31] Verein Klimaseniorinnen Schweiz v. Switzerland App no 53600/20 (ECtHR, 9 April 2024).

[32] Merlin Delcid, “At Least 30 Dead After Days of Heavy Rains in the Northern Triangle,” CNN, June 21, 2024, https://www.cnn.com/2024/06/21/americas/rain-deaths-guatemala-honduras-el-salvador-intl-latam/index.html

[33] Andrea Caputo, Manuela Tomai, Carlo Lai, et al., “The Perception of Water Contamination and Risky Consumption in El Salvador from a Community Clinical Psychology Perspective,” Agua Futura Consortium, 2022, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8834013/

[34] Haydee Paguaga, “Desertification and Drought: In El Salvaor ‘Green Gold’ Takes on the Dry Corridor,” World Food Programme, June 17, 2022,  https://www.wfp.org/stories/desertification-and-drought-el-salvador-green-gold-takes-dry-corridor

Link on the United Nations System

Universal Periodic Review Fourth Cycle - El Salvador - Reference Documents on the United Nations System