Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - El Salvador (Ratification: 1995)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National policy. With regard to the measures taken to implement the “National policy to combat trafficking in persons (2012)”, and to ensure institutional coordination to combat trafficking, the Government provides information in its report on: (i) the implementation of courses, training sessions, educational workshops, prevention activities, awareness-raising and training processes for members of the National Civil Police, public officials and the general public, which have benefited more than 2,427 persons; (ii) the holding of the first extraordinary meeting of the technical committee of the National Anti-Trafficking Council, which addressed the prevention of human trafficking in tourist destinations through guidelines for action, prevention, protection and the application of measures against gender-based violence, sexual exploitation and trafficking in persons; and (iii) the signing of an inter-institutional cooperation agreement in the context of the implementation of the second phase of the “126: guidance without borders” virtual platform.

While noting these actions, the Committee observes that the Government does not provide information on the measures taken with a view to adopting the National Plan of Action provided for in section 22 of the 2014 Special Anti-Trafficking Act, or on the activities of the National Anti-Trafficking Council to evaluate the “National policy to combat trafficking in persons” and ensure coordination among the competent bodies. Furthermore, the Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 2023, expressed concern about the lack of technical and financial resources for implementing existing anti-trafficking regulations and campaigns (CMW/C/SLV/CO/3).

The Committee once again requests the Government to indicate whether the National Anti-Trafficking Council has evaluated the results achieved through implementation of the “National policy to combat trafficking in persons” and, if so, to provide information on the progress achieved and difficulties encountered. In this context, and observing that section 22 of the 2014 Special Anti-Trafficking Act provides for the adoption of a National Plan of Action, the Committee requests the Government to provide information on the measures taken in this respect. Lastly, the Committee requests the Government to provide information on the data collected through the “National information system on trafficking in persons” (section 46 of the Anti-Trafficking Act).

2. Protection and assistance for victims. With regard to the measures taken to address the difficulties identified with regard to strengthening protection for trafficking victims, the Government reports that it has established the “Comprehensive care centre for foreigners”, with support from the International Organization for Migration (IOM), which can cater for 200 persons, providing accommodation, food, medical care, clothing, immigration advice and humanitarian assistance with respect to initiating an immigration procedure, if necessary. It also indicates that the Salvadoran National Institute for Women’s Development, as a member of the National Council, has shelters nationwide which provide comprehensive care for women, girls and adolescents, who can have access to individual and group psychological therapy.

With regard to the operation of the Trafficking Victims Care Fund, the Government indicates that the fund receives allocations through the national general budget, specifically under the Ministry of Justice and Public Security, and that the latter allocates its resources to victim care and justice and security programmes. It points out that it has incorporated public security as a main focus of the budget, with the aim of helping to improve police effectiveness in intelligence, investigation and control in rural, urban and border areas in order to reduce crime, violence, gangs, smuggling, trafficking in persons and drug trafficking.

Furthermore, the Committee notes that the CMW, in its concluding observations of 2023, expressed concern about existing gaps, particularly in the identification and protection of victims and their access to the justice system (CMW/C/SLV/CO/3).

The Committee takes note of this initiative and requests the Government to provide more specific information on how the technical committee of the National Anti-Trafficking Council ensures that all trafficking victims, for both labour and sexual exploitation, benefit from the care and protection measures provide for in the Special Anti-Trafficking Act.In this regard, the Committee requests the Government to provide information on the number of victims identified, indicating how many received assistance and what kind, in accordance with the Act. The Committee also requests the Government to indicate the manner in which the resources of the Trafficking Victims Care Fund are used for the care, protection and social rehabilitation of victims.

3. Prosecution and application of criminal penalties. In reply to the Committee’s request regarding prosecution of the crime of trafficking in persons, the Government indicates that in 2022–2023, as part of the initiatives of the Ministry of Justice and Public Security to identify and apprehend those responsible, 287 individuals were arrested for illegal human trafficking and related crimes. Furthermore, with regard to measures to strengthen the capacities of the specialist anti-trafficking units, the Government indicates that it has recruited new staff for these units and has provided training for officials from various institutions such as the Ministry of Justice and Public Security, the Ministry of Labour and Social Welfare, and the Department of Migration and Foreign Affairs. The Committee also notes the information provided by the Government on three court decisions adopted in relation to the crime of aggravated trafficking of persons in the form of sexual exploitation, forced labour and forced begging.

The Committee encourages the Government to continue to strengthen and to train the various competent authorities in identifying situations of trafficking in persons for both labour and sexual exploitation and requests it to provide information in this regard, as well as information on the manner in which the labour inspectorate cooperates with the specialist anti-trafficking units when it identifies situations that could constitute human trafficking. Furthermore, the Committee requests the Government to continue to provide information on investigations, ongoing court proceedings, convictions and penalties imposed pursuant to section 54 of the Special Anti-Trafficking Act.

Articles 1(1) and 2(1). Student social service. In its previous comments, the Committee observed that, according to the regulatory framework governing student social service, a bachelor’s degree is awarded to students who have successfully completed the corresponding curriculum, which includes student social service (Education Act and Student Service Regulations). Although student social service was conceived as a means of contributing to student training and promoting social values through projects that benefit society, the Committee observed that the maximum number of hours that students were required to devote to it, and the type of activities that students were required to perform in practice as part of that service, were not specified.

The Committee takes note of the information provided by the Government on the “Special Regulations for secondary education student social service” (Decree No. 4 of 2019). The Committee observes that this decree repealed Executive Decree No. 10 of 1994 (Student Service Regulations) and provides that: (i) student social service projects must be developed containing objectives, goals, activities, resources and a work schedule to be implemented by students; (ii) project profiles must be authorized by the student social service coordinator, in priority areas such as the environment, literacy, art, culture or others that focus on the comprehensive education of the student; (iii) the choice of a specific area for the performance of student social service will be based on the student’s specialist area of training; and (iv) the implementation of the project will last 150 hours (section 13).