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Counter-trafficking legislation in El Salvador moves closer to approval
El Salvador – El Salvador’s National Council Against Trafficking in Persons (CNCTP), its Technical Committee and civil society representatives this week validated a special counter trafficking bill drafted with support from IOM.
The proposed Counter-Trafficking Act would create an institutional structure, address victim concerns in a comprehensive and humane manner, institute a solid policy to combat the crime, create a national information system, and establish a special fund to assist victims and restore their rights.
The CNCTP Executive Secretary Fátima Ortiz said: “This legislation contains many innovative elements, including the integration of unified criteria to ensure the permanence of these initiatives, regardless of changes at the governmental level.”
The legislation contains an already published Public Policy and Plan of Action, which is being executed by the CNCTP member institutions.
IOM Project Coordinator, Claudia Lara, added: “Migration security has also been addressed in the legislation; this would guarantee the right to assisted voluntary repatriation in a dignified and humane manner, as well as the right to resettlement, refugee status, and assistance for Salvadorian victims abroad through diplomatic and consular channels. Also, foreigners identified as possible victims of trafficking would be able to obtain, from the General Directorate of Migration, a permit to remain temporarily in El Salvador.”
To ensure sustainability, the legislation establishes an annual allocation from the Government’s General Budget, as well as a proposal for amending the country’s Penal Code to broaden the definition, modalities and aggravating circumstances for the crimes of trading in persons and smuggling and possession of human organs, tissue, and fluids.
The legislation also includes a regulation on shared responsibility reflecting the willingness of the Government to work closely with civil society, the private sector and international organizations to better coordinate actions to combat human trafficking and provide better assistance to the victims.
The proposed Anti-Trafficking Act has been submitted to the President’s Office, from where it will subsequently be presented to the Salvadoran Legislative Assembly. If passed, the new law will create two specialized units at the police and prosecutor levels.
So far this year, the National Civil Police has rescued five victims of human trafficking, executed two arrest warrants, and obtained one conviction for aggravated trafficking.
El Salvador is a country of origin, transit and destination for human trafficking, with internal trafficking on the rise. The majority of victims are women and minors trafficked for sexual and labor exploitation. Cases of forced begging have been recently identified.
In the past few months, men from outside the Western Hemisphere have also been trafficked for labor exploitation to El Salvador.
Human traffickers are usually family-run networks, but larger criminal groups involved in drug trafficking and other crimes are also sometimes involved.
The Salvadoran Institute for Women's Development (ISDEMU) will soon inaugurate a special shelter for adult women victims of trafficking, thereby complying with one of the commitments contained in the proposed legislation.
The IOM technical support is part of the project Implementation of Human Counter-Trafficking Structures in El Salvador: Modernization of the Legal Counter-Trafficking Framework to Strengthen Judicial Enforcement, financed by the Government of Canada.
For further information, please contact
Adriana Granados
IOM El Salvador
Tel: +503.2521.0535
Email: pressiomsansalvador@iom.int