Posts Tagged ‘Nayib Bukele’

NGOs demand to stop the Criminalization of Human Rights Defenders in El Salvador

July 22, 2025

On 3 July 2025, the undersigned 22 organizations, expressed their deep concern over the increasing use of criminal law without due process guarantees, the harassment, the stigmatization, and the persecution by Salvadoran authorities against human rights defenders, community leaders, environmental activists, university professors, lawyers, journalists, and other voices critical of the government.

Prominent journalists, activists, and lawyers, such as former prosecutor and defender Ruth López and professor and constitutional lawyer Enrique Anaya, have been arbitrarily detained in retaliation for their work documenting and denouncing corruption, human rights violations, and attacks on the rule of law in El Salvador. Both are in prolonged pretrial detention and face spurious and unfounded charges of embezzlement and money laundering, respectively. These detentions send an intimidating message to the rest of civil society and further erode public confidence in the impartiality and independence of the Salvadoran judicial system.

The Salvadoran state has intensified its attacks on civil society and the independent press through coordinated strategies in the legal, institutional, and media spheres to silence their work. It is extremely alarming that they are being persecuted under a prolonged state of exception that suspends fundamental rights and freedoms, a measure whose objective is to control organized crime gangs.

In a context of high concentration of power, the Foreign Agents Law was enacted, imposing severe restrictions on non-governmental organizations, including onerous registration requirements, a 30 percent tax on foreign funding, and broad powers to suspend their activities based on vague allegations of political activity. Together with the hostile rhetoric from senior officials led by President Bukele, these measures aim to delegitimize independent voices and restrict the legitimate activities of civil society organizations.

The persecution of defenders such as Ruth López and Enrique Anaya reflects a broader strategy to dismantle civic oversight and the rule of law, and to criminalize criticism and the defense of human rights. Other examples of criminalization include community leaders from La Floresta and the El Bosque cooperative, among them Fidel Zavala, Alejandro Henríquez, and Ángel Pérez, who have been detained during peaceful protests over land and evictions. 

It is important to note that, throughout Nayib Bukele’s administration, dozens of human rights defenders, journalists, lawyers, former public officials, members of the political opposition, and businesspeople have been forced into exile outside the country. This trend, which is worrying in itself, has significantly increased in the last month, reflecting a growing climate of repression and persecution that severely restricts civic and democratic space in El Salvador.

The repression of civic space in El Salvador is taking place within a broader context of erosion of democratic institutions and the rule of law. As a result of the state of exception, more than 85,000 people have been detained without respect for basic due process guarantees, including the presumption of innocence and access to a fair and impartial trial, and in inhumane conditions of deprivation of liberty. Local organizations have documented at least 400 deaths of people in custody since the beginning of the exception regime.

We therefore call on the Salvadoran State to:

  • ​​Immediately release lawyers Ruth López and Enrique Anaya, as well as all human rights defenders and community leaders who have been arbitrarily detained for political reasons; and respect due process guarantees, including the right to a public trial, in any proceedings against them.
  • Refrain from using pretrial detention as a form of advance punishment against human rights defenders and others detained for political reasons, in clear violation of due process guarantees and international human rights standards.
  • Protect human rights defenders from reprisals, harassment, torture, and threats, and ensure accountability for abuses committed.
  • Restore conditions that allow freedom of expression, association, and assembly, and harmonize national laws with El Salvador’s international obligations, including by repealing the Foreign Agents Law.
  • End the misuse and abuse of emergency measures and, in all cases, guarantee the right to a fair trial.

We also call on the international community, including the Organization of American States and the United Nations, to:

  • Urge the government of El Salvador to immediately cease the instrumentalization of the criminal justice system against human rights defenders or those who express criticism of the government.
  • Take urgent action, through diplomatic channels, assistance, and conditional cooperation, among other means, to protect civic space, the rule of law, democracy, and human rights in El Salvador.
  • Abogadas y Abogados para la Justicia y los Derechos Humanos (México)
  • Alianza Regional por la Libre Expresión e Información
  • Asociación Pro Derechos Humanos -APRODEH, Perú
  • Center for Gender & Refugee Studies (CGRS)
  • Centro de Documentación en Derechos Humanos “Segundo Montes Mozo SJ” (CSMM) / Ecuador
  • Centro por la Justicia y el Derecho Internacional (CEJIL)
  • Consultora Solidaria (Mexico)
  • Consultoría para los Derechos Humanos y el Desplazamiento – CODHES (Colombia).
  • Convergencia por los Derechos Humanos (CDH), Guatemala
  • Comité de Familiares de Víctimas de los Sucesos de Febrero y Marzo de 1989 (COFAVIC), Venezuela.
  • Due Process of Law Foundation (DPLF)
  • Equipo de Reflexión, Investigación y Comunicación (ERIC-SJ). Honduras
  • Global Strategic Litigation Council for Refugee Rights
  • Instituto de Defensa Legal (IDL), Peru
  • Latin America Working Group (LAWG)
  • Movimiento Autónomo de Mujeres
  • Robert F. Kennedy Human Rights 
  • Synergía, iniciativas para los derechos humanos
  • Tejiendo Redes Infancia en América Latina y el Caribe
  • The International Commission of Jurists
  • Washington Office on Latin America (WOLA)
El Salvador: Stop the Criminalization of Human Rights Defenders and the Dismantling of the Rule of Law
Bukele: Does the Strongman Show Weakness When Imprisoning Critics?

se also:

https://www.devdiscourse.com/article/law-order/3508809-el-salvadors-human-rights-defenders-forced-into-exile-amid-rising-repression

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Foreign Agents Law now also threatens to come to El Salvador

February 9, 2022

Devon Kearney in NPQ of 8 February 2022, reports on a worrying legislative development in El Salvador….

It has been nearly a decade since the Russian government passed its “foreign agent law,” a measure that requires nonprofit groups that engage in political activity to register with the government if they receive money from overseas. Russia justified the bill by saying it was based on a U.S. law—a statute from the lead-up to World War II that many of us came to know only after Donald Trump’s campaign manager, Paul Manafort, was accused of being an unregistered foreign agent. Putin’s message was that this was just an ordinary, even boring regulatory measure.

But it is more than that. Initial concerns focused on the stigma of being branded a foreign agent, but the law has sharper teeth, allowing the government to fine or even ban organizations that do not accept being branded as foreign agents. For example, on December 28, 2021, the government presented its case for disbanding the storied human rights organization Memorial for failing to include the disclaimer “produced by a foreign agent” on a few of its web pages. At the end of the hearing, the court ordered the Memorial to shut down. See: https://humanrightsdefenders.blog/2021/12/29/russias-supreme-court-orders-closure-emblematic-memorial/

The sinister brilliance of the foreign agent law is twofold. First, it targets human rights NGOs’ supply lines, as it were, making it difficult to accept the funds they need to survive. In much of the world, human rights defenders rely on support from global philanthropies like the Open Society Foundations for the funding they need to operate. By the standards of Russia’s law, most would be required to register as foreign agents. Groups that take foreign money would be subject to government meddling and harassment; those that opted to do without would struggle to keep their doors open.

Second, the law accomplishes this by co-opting legitimate regulatory functions of the state to crush dissent. Setting the rules for nonprofits—along with corporations, lobbyists, and a wide range of activities that impact the public good—is something governments are supposed to do. The great innovation of Putin and the autocrats that followed him was to turn regulatory schemes into instruments of their own political dominance. By obviating the need for violence against opponents, these methods may avoid the consequences of harsher exercises of state power. They are key to creating, in the words of Hungarian semi-dictator Viktor Orbán, an “illiberal democracy,” a state where elections continue but the rights and liberties of the people are curtailed.

The world took notice when the Russian foreign agent law passed and, today, more than fifty countries have adopted laws based on the Russian example. One of the latest, introduced in November 2021 and still under debate, has an ominous twist. See also: https://humanrightsdefenders.blog/2020/10/17/nicaragua-things-getting-worse-and-worse-for-human-rights-defenders-covid-19-and-foreign-agents/ as well as https://humanrightsdefenders.blog/2016/06/17/un-rapporteurs-urge-india-to-repeal-law-restricting-human-rights-defenders-access-to-foreign-funding/

Under 38-year-old President Nayib Bukele, a charismatic young politician, El Salvador has taken a sharp turn toward authoritarianism. Bukele made headlines in February 2020 when he brought armed soldiers into Congress to stand behind him as he demanded funding for the military. He has since fired prosecutors and judges in order to pack the legal system with loyalists. Bukele is the latest in a growing number of modernized dictators who adopt the tactics but not the swagger of their forebears. But his style is distinctive. In the Journal of Democracy, Salvadoran political scholar Manuel Meléndez-Sánchez writes: “Bukele relies on millennial authoritarianism, a distinctive political strategy that combines traditional populist appeals, classic authoritarian behavior, and a youthful and modern personal brand built primarily via social media.”

Bukele’s authoritarian moves have raised alarms among Salvadoran civil society and around the world. The US has expressed its concern by hitting the government in the pocketbook: in May 2021, the United States Agency for International Development announced that it would pull funding from the Salvadoran police and other national agencies, instead directing the funds to civil society groups carrying out local development projects. More recently, USAID Administrator Samantha Power said the agency would commit $300 million for direct civil society funding in Central America, and promised to increase the amount of funding bypassing national governments to 50 percent within 10 years.

All of this is in keeping with Power’s stated intention to provide aid to developing nations with a local, “bottom up” approach that prioritizes small businesses over big international contractors, and local civil society groups over national governments—“[t]o engage authentically with local partners and to move toward a more locally led development approach,” as she told the Senate Foreign Relations Committee in July 2021.

But in a region where US interference has long rankled rulers and their people, the move may be seen as ham-fisted—taking aid money to support opponents of a duly-elected government brings to mind the ways in which our country funded proxy wars that killed hundreds of thousands of Salvadorans and left a bloody trail in Nicaragua and Guatemala, as well. More recently, in 2019 the Trump Administration slashed hundreds of millions of dollars in aid to the region in the hopes that by increasing financial pain it could pressure countries to take harsher measures to prevent their people from fleeing to the U.S.

With this history as a pretext, and perhaps stinging at this new reduction in aid funding, Bukele’s government struck back. On November 9, 2021, the government introduced a bill to require domestic nonprofits or social enterprises (solely commercial enterprises are exempted) to register as foreign agents if they “respond to the interests of, or are directly or indirectly funded by, a foreigner.”

“That the Legislative Assembly is even considering such a restrictive bill sends a chilling message to human rights groups and organizations fighting against impunity and corruption,” says Ricardo González Bernal, the Fund for Global Human Rights’ Program Director for Latin America. The Fund supports grassroots human rights defenders and independent journalism in El Salvador, across Central America, and throughout the world.

https://nonprofitquarterly.org/salvadoran-foreign-agent-law-threatens-human-rights-movements/

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