Section II. Status of Government Respect for Religious Freedom
The constitution provides for the free exercise of religion. It states all persons are equal before the law and prohibits discrimination based on religion. The Office of the Ombudsman for Human Rights monitors the state of religious freedom in the country, including issuing special reports and accepting petitions from the public for violation of the free exercise of religion.
The penal code imposes criminal sentences of one to three years on individuals who publicly offend or insult the religious beliefs of others, or damage or destroy religious objects. The law defines an offense as an action that prevents or disrupts the free exercise of religion, publicly disavows religious traditions, or publicly insults an individual’s beliefs or religious dogma. Sentences increase to four to eight years when individuals commit such acts to gain media attention. Repeat offenders may face prison sentences of three to five years.
The constitution states members of the clergy may not occupy the positions of President, cabinet ministers, vice ministers, Supreme Court justices, judges, governors, attorney general, public defender, and other senior government positions. Members of the clergy may not belong to political parties. The electoral code requires judges of the Supreme Electoral Tribunal and members of municipal councils to be laypersons.
A 2014 law restricts support of and interaction with gangs, including by clergy members, and a 2016 law defines gangs as terrorist organizations. Rehabilitation programs and ministry activities for gang members, however, are legal.
The constitution allows religious groups to apply for official recognition by registering with the government. It grants automatic official recognition to the Catholic Church and exempts it from registration requirements and from government financial oversight. Religious groups may operate without registering, but registration provides tax-exempt status and facilitates activities requiring official permits, such as building places of worship. To register, a religious group must apply through the Office of the Director General for Nonprofit Associations and Foundations (DGFASFL) in the Ministry of Governance. The group must present its constitution and bylaws describing the type of organization, location of its offices, its goals and principles, requirements for membership, functions of its ruling bodies, and assessments or dues. The DGFASFL analyzes the group’s constitution and bylaws to ensure both comply with the law. Upon approval, the government publishes the group’s constitution and bylaws in the official gazette. The DGFASFL does not maintain records on religious groups once it approves their status, and there are no requirements for renewal of registration.
By law, the Ministry of Governance has authority to register, regulate, and oversee the finances of NGOs and all religious groups except the Catholic Church, due to its special legal recognition under the constitution. Foreign religious groups must obtain special residence visas for religious activities, including proselytizing, and may not proselytize while on visitor or tourist visas. Religious groups must be registered in order to be eligible for their members to receive this special residence visa for religious activities.
Public education, as funded by the government, is secular and there is no religious education component. The constitution grants the right to establish private schools, including schools run by religious groups, which operate without government support or funding. Parents choose whether their children receive religious education in private schools. Public schools may not deny admittance to any student based on religion. All private schools, religiously affiliated or not, must meet the same academic standards to obtain Ministry of Education approval.
The country is a party to the International Covenant on Civil and Political Rights.
Some clergy and faith-based NGO workers said police and other government agents continued to arbitrarily detain, question, or search young congregants and youth leaders because of their ministry work with active and former gang members. According to these observers, there was no indication the government actions were motivated by discrimination based on religious beliefs, but rather, because of the close interaction of some religious groups with gangs. Some religious leaders stated they continued to avoid violence-prevention programs and rehabilitation efforts, fearing prosecution or being perceived as sympathetic to gangs, even though courts had ruled that rehabilitation efforts were not illegal under the constitution. A religious worker operating a youth center in a neighborhood with heavy gang presence said she closed down a project working with gang members due to complications with the police. Although they said it was not an issue of religious discrimination, clergy again said police sometimes mistakenly detained young congregants and youth leaders from several Christian denominations as suspected gang members.
According to the Ministry of Governance, there were 122 requests for registration of religious groups during the year. Of these, the ministry approved 53, and 69 were pending at year’s end. Government officials said the COVID-19 pandemic caused the decline in requests and approvals of registrations because several officials from the ministry teleworked and did not have access to all of the relevant documents. Furthermore, the ministry prioritized its focus on the pandemic. The Ministry of Governance reported that although the registration process was available electronically, many religious groups did not present the required documents in a timely manner. According to the ministry, delays in registration approvals occurred because religious groups were first required to obtain legal entity documentation and the paperwork they submitted to the ministry was incorrect or incomplete.
In some prisons, the government continued to encourage religious organizations to work with prisoners to persuade them to renounce gang life. The government also continued to consult with, and jointly implement rehabilitation and reinsertion programs with, faith-based organizations.
On February 24, former Nationalist Republican Alliance (ARENA) President Gustavo Lopez described President Bukele as a Muslim, tweeting, “Why does the President attack his adversaries? As a Muslim (I respect freedom of religion!) he believes himself to be the sultan or emperor of his clan (his followers) he will protect them even if they are inept; the rest of us are infidels (not pure). He attacks, lies, and wants to burn us alive!! Watch out.” The tweet was a reference to a rumor Bukele’s political opposition circulated during the 2019 presidential election campaign, reportedly in an effort to damage his credibility, by claiming Bukele had lied when he said he adhered to no specific religious affiliation.
On May 22, ARENA legislator Ricardo Velasquez Parker also linked President Bukele to the rumor of his being Muslim, tweeting, “Christians in El Salvador are the majority and we have been exhorted by preachers to have a personal relationship with Jesus our Lord, praying at all times. We are not Muslims, nor will we celebrate #RAMADAN tomorrow, Saturday, May 23, even if Nayib Bukele decrees it.” President Bukele had decreed May 24 as a National Day of Prayer, asking for voluntary prayers “for God to heal our land and allow us to defeat the pandemic that is hitting the entire world.”
Alvaro Rafael Saravia Merino, a former military captain with an outstanding arrest warrant for the killing Salvadoran Archbishop Oscar Romero in 1980 as he celebrated Mass, remained a fugitive. On March 4, the Fourth Investigative Court in El Salvador heard the testimony of Spanish lawyer Almudena Bernabeu, who had previously testified in 2004 against Saravia Merino in a civil judgment in Fresno, California. Bernabeu said witness testimony from the 2004 trial established that Saravia Merino and three others participated in a meeting to plan the killing of Archbishop Romero. At year’s end, the case remained pending.
On September 11, Spain’s highest criminal court, Audencia Nacional, sentenced former Salvadoran army colonel Inocente Orlando Montano to 133 years and four months in prison (26 years, eight months, and one day for each killing) for planning and ordering the November 1989 killings of five Spanish Jesuits at the Central American University in San Salvador. Because the five Jesuits were Spanish citizens, two human rights organizations filed a case in a Spanish court in 2008 against former President Cristiani and 20 military members. The Spanish court said the killings “were contrived, planned, agreed to, and ordered by members of the high command of the Armed Forces, a body to which Montano belonged as Deputy Minister of Public Security.” The Audencia Nacional did not include former President Cristiani in this trial because the government of El Salvador refused to extradite him to Spain. The case against Cristiani and six senior military commanders for their alleged roles in the Jesuit killings remained pending in the Supreme Court at year’s end.
On October 29, La Prensa Grafica reported the Criminal Chamber of the Supreme Court dismissed the case against former generals Juan Orlando Zepeda and Francisco Helena Fuentes, accused of being the intellectual authors of the 1989 killings and denied the possibility of a new trial. According to press reports, this ruling favored former President Cristiani in the pending case for his alleged role in the killings.
According to the Attorney General’s Office, authorities did not prosecute anyone under the penal code for publicly offending or insulting the religious beliefs of others, compared with one prosecution in 2018, which remained under investigation. On October 9, the Office of the Ombudsman for Human Rights again reported it did not receive notice of any cases of alleged violations of religious freedom.