ANNEX

III.            QUESTIONS

A)          General and Demographic

1.          Does your country receive migrant workers and their family members?

There are no legal immigration programs.  However, migrants do come into the country to work informally, although no precise data are available.

a)          How many migrant workers live in your country?  How many of these persons reside in your country on a regular basis and how many not regularly?

There are no precise data available, since no specification is made as to which permanent and temporary residents are working.

b)          From what countries do the largest number of your immigrant workers come, and what are their numbers or volume?

There are no precise data since they enter from several neighboring countries (Guatemala, Nicaragua and Honduras) often without passing through border controls.

c)          What percentage of migrant workers enter legally and then remain there in an irregular status either because their visas have expired or for some other reason?

There are no data available.

d)          What quantity or percentage of migrant workers, both legal and illegal, in your country are men and how many are women?

There are no statistics that provide a breakdown by sex.

e)          Does your country have statistics on the number of children of migrant workers, both legal and illegal, who have been born in your country?

There are no statistics on the number of children of immigrant workers because having been born in El Salvador they are considered Salvadorans, regardless of the nationality or status in the country of their parents.

Is your country a country of transit for migrations of migrant workers to other countries?

Unofficially it is a country of transit.

a)          What country or countries do the migrants in transit come from?  What country or countries are the migrants in transit going?

From Ecuador, Peru, Colombia and other countries in South America; it is presumed that they are bound for the United States, Mexico, or Canada.

Do workers emigrate from your country in search of work in other countries?

Yes.

a)          To what countries do those migrant workers go primarily, and in what percentage to each country?

North.  According to estimates from our embassies and consulates, it is calculated that there are some 2.6 million Salvadorans living abroad.  This figure includes documented as well as undocumented people.

Estimates from our main consulates in the US calculate that of those 2.6 million, at least  2.3 million (approximately 89  percent) live in the United States.

Within the US, the main places of residence are Los Angeles, California (800,000), New York, N.Y. (421,000), Washington, D.C. (400,000), San Francisco, California (200,000).

Estimates for the main places of residence outside the US: Ottawa, Canada (62,522), Toronto, Canada (46,191), Montreal, Canada (40,192), Mexico City (30,000), Panama (40,000), Belmopan, Belize (30,000).

b)          What number or percentage of workers who emigrate from your country in both a documented and undocumented fashion are men and how many are women?

We do not have precise statistics.

4.          Does your country accept migrants as harvest or border workers?

Yes.

a)          Are there any estimated numbers of harvest or border migrant workers that come into your country?

They do enter the country, but it is not possible to estimate their number because they are undocumented immigrants.

b)          What country or countries do these harvest or border workers come from?

From Honduras, Guatemala, and Nicaragua.

c)          What type of work do these harvest or border migrant workers perform in your country?

Coffee picking and sugarcane harvesting

5.          Do these harvest or border migrant workers in your country migrate to other countries?

Yes.

a)          Is there any estimated number of harvest or border migrant workers who go from your country to other countries?

No.  There are no precise statistics.

b)          What countries do these harvest or border migrant workers go to?

To Guatemala, Honduras, and Mexico.

c)          What type of work do these harvest or border migrant workers perform in the countries of employment?

Informal trading, agricultural labor, and various services.

6.          What sector of the economy do the migrant workers of your country come from?

Previously from the agricultural and professional services sectors.

We do not have precise statistics but they are presumed to emigrate from rural areas (in the case of farm laborers) and the professional sector.

7.          What percentage of income (remuneration) do irregular migrant workers have in your country before they emigrate?

Approximately US$70, depending on the agricultural activity and economic sector. Professionals earn around US$400 per month.

8.          What average income (remuneration) do irregular immigrant workers have in your country?

We have not data in that respect.

9.          What is the level of schooling of the irregular emigrant worker of your country?

According to the Ministry of Education there are no data in that regard because passport applicants who wish to leave the country only give their occupation (which may be that of a student of a given trade) and are not required to provide further details.

10.          What is the level of schooling of the irregular immigrant worker who comes to your country?

There are no data available.

11.          Do the emigrant workers of your country sent remittances of money from their country of employment to your country?  What is the total amount of money remittances that emigrant workers send to your country either to family members or for other reasons?

According to data provided by the Ministry of Economy (BCR – central bank) in 2000, remittances amounted to some US$2,000 million.

12.          Does your country have policies governing incoming flows of migration?  If so, could you describe what these policies consist of and give several examples of them?

There are no such policies.

13.          Has your country signed any type of bilateral, multilateral or other type of agreement with another country or countries that deals with the subjects of migrant workers, be they regular, irregular, harvest, border or other?  If so, what country or countries have such agreements been signed with and what do they deal with?

El Salvador is a party to two international instruments issued by the International Labor Organization (ILO): Convention 97 concerning Migration for Employment  (revised 1949) [cl1] and its recommendations; and Convention 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers[cl2] .  El Salvador has not entered on any bilateral agreements.

14.          Does your country have any type of legislation dealing with the topic of migrant workers and their family members?  If so, could you name these laws and describe them generally?

The following laws govern migrant workers of both sexes:

1.          Migration Law (Legislative Decree Nº 2772 of December 19, 1958, published in Official Gazette Nº 240, Vol. 181, December 23, 1958) and its regulations (Executive Decree Nº 33 of March 9, 1959, published in Official Gazette Nº 56, Vol. 182, March 31, 1959).  Articles 26 et seq. of this law govern the contracting of specialized services from temporary residents; Article 62 provides the punishments for illegally contracting aliens.

2.          Labor Code (Legislative Decree Nº 15 of June 23, 1972, published in Official Gazette Nº 142, Vol. 236, July 31, 1972). Articles 7 to 11 specifically govern employment of aliens in our country. In that connection, the last clause of Article 9 provides that, "no official shall permit the entry to the country of foreign persons to provide services without the prior approval of the Ministry of Labor and Social Security."

3.          Law on Organization and Functions of the Ministry of Labor and Social Security (Legislative Decree Nº 682 of April 11, 1996), which governs the hiring of Salvadorans to provide services outside national territory.  Article 74 provides in its first clause that “contracts may be entered on with Salvadoran workers for provision of service outside national territory, subject to the permission of the Ministry of Labor and Social Security, which it shall so grant provided the interests of the workers are assured, or the national economy would not be thus seriously harmed."

a)          Does your country have any type of legislation or government policy that deals specifically with migrant women workers?  If so, what are these?  Could you describe them?

The Salvadoran Institute for Advancement of Women [Instituto Salvadoreño para el Desarrollo de la Mujer] (ISDEMU) says that there are no laws in El Salvador that deal specifically with migrant women workers.  However, there are laws that govern migrant workers in general, which apply to men and women alike.

It is only in connection with international agreements or treaties relating to the issue of migrant men and women workers that there is sense in making a distinction by sex, since those instruments govern the labor rights and legal status of foreign persons resident in other countries, and by the principle of reciprocity, those foreigners enjoy the same rights as nationals of those countries.

b)          Rights

Are migrant workers and their family members free to leave your country to go wherever they want?  Are there any legal restrictions in this area, either on the individual migrant worker, his family members or his assets, for reasons of national security, public order or other?

Under Article 5 of the Constitution all persons have freedom of movement in the country, provided they have no lawsuits pending or convictions issued against them by the competent authorities.  In accordance with the Code of the Family, there are travel restrictions for minors designed for their protection.

Are the migrant workers and their family members free to return and as often as they wish to their country of origin and to return to your country if they so desire?  Are there any legal restrictions of this type on either the individual, the family members, or the assets, for reasons of national security, public order or other?

There are no restrictions of any type on the entry of Salvadorans, in accordance with Article 5 of the Constitution.

Does xenophobia or racism with respect to migrant workers exist in your country?  How is it manifested?  Are there any types of law that punish such acts against migrant workers?

Article 3 of the Constitution recognizes the right to equal protection of the law and the principle of non-discrimination on the basis of nationality, race, sex, or religion.  El Salvador is a party to the American Convention on Human Rights and to the International Covenant on Civil and Political Rights, which clearly prohibit discrimination on these and other grounds. 

As regards legal and constitutional protection, the writ of amparo protects all rights enshrined in the Constitution.

There is no record of evidence of this or that it is an institutionalized practice.

Is there xenophobia or racism that affects the migrant workers of your country in the countries of employment or transit?  How is it manifested?  Are there any laws to sanction such acts?

There is evidence of xenophobia and racism in the United States toward Hispanic people that is sometimes manifested in institutionalized practices, such as a congressional bill to eliminate Spanish-language teaching from public schools.  Furthermore, the new Immigration Act [cl3] violates the rights of immigrants because it provides retroactively for the deportation of those who have committed crimes.

Is there any discrimination against immigrant workers in your country? How is it manifested? Are there any laws to punish such acts?

There is no discrimination.  We know of no such cases.  There are no specific laws; however, the Constitution prohibits discrimination on the basis of nationality. 

Is there any discrimination against emigrant workers from your country in the countries of employment or the countries of transit?  How is it manifested?

The status of a person in the country has a bearing on their treatment, since if they are undocumented they tend to be discriminated against by government officials and employers.

Yes, there is: in some cases because of obstacles to their legal entry to countries of transit or final destination.  It has been manifested in access to schools, restaurants, and jobs. 

Are there cases in your country of illegal immigrant workers who have less favorable working conditions than those of your citizens and are these persons exploited or performing forced labor? If so, could you give any cases? Are there mechanisms or procedures to make sure that such situations do not occur? What are they?

There are no recorded data on discrimination.

In El Salvador, there are protection agencies, such as the Office of the State’s Attorney for the Defense of Human Rights, which deals with these cases in particular; and Labor Inspectorates, which monitor observance of labor rights.

As regards mechanisms, there are constitutional procedures such as habeas corpus.

Are immigrant workers, especially undocumented or irregular workers, employed at wages below the minimum wage in effect for citizens of your country?  If so, could you give the reasons for this and the consequences?

We have no information to that effect.

Do you know whether any emigrant workers from your country are employed in the countries of transit or employment under working or wage conditions that are below the minimum applied or paid to the citizens of those countries? If so, could you indicate the country or countries where this occurs, the reasons and the consequences?

Consulates in Mexico and the United States have reported that some Salvadoran irregular migrant workers are paid a lower wage than the minimum applied or paid to the citizens of those countries, since their status makes this type of abuse easy.  Generally speaking, they do not receive social security or any other type of labor benefit.

Does your country have any type of inspection or criminal, civil or other type of penalties to prevent employers from hiring irregular migrant workers?

Yes.  There is an administrative penalty under Article 62 of the Migration Law.

Can an irregular migrant worker and the members of his family regularize their employment situation directly in your country?  If so, how is their status regularized?

When an irregular migrant is detained because of his status in the country, they are expelled within 72 or 48 hours, as applicable, in accordance with the Migration Law.  Accordingly they cannot regularize their employment situation.

Are there private agencies or individuals working in your country engaged in hiring migrant workers for forwarding to other countries? If so, are there any laws regulating such agencies or individuals? Could you describe those laws?

There are private companies that act illegally.  There are no express laws in this respect, but Article 370 of the Criminal Code criminalizes international criminal organizations (organized crime).  If the investigation reveals them to be members of an international criminal organization, they are prosecuted for that offense.  Furthermore, Article 36 of the Criminal Code, which deals with trafficking in persons, provides penalties for traffickers in women and children.

Do you know if there is any illegal or clandestine traffic of irregular migrant workers in your country, either by individuals, corporations or national or foreign organizations that conduct such activities? If so, how do these persons or organizations work to develop the illegal or clandestine traffic of migrant workers?

Under domestic law these are illicit activities and persons who engage in them are punished.

According to the National Civil Police, in 2000, investigations discovered that there was an international criminal organization based in El Salvador that was engaged in criminal activities of this type.

These persons operated using classified advertisements in different media to recruit people, who, after filling out the job application form, were provided with different types of bogus documents, in order to make foreign contractors think that they were qualified to perform any kind of job.

Has your country taken measures to prevent, eliminate or punish legally (civil or criminal) any persons, organizations or companies that organize, assist, participate or work in the illegal or clandestine traffic of migrant workers? If so, could you describe what these measures or penalties consist of? Could you reveal any court or administrative proceedings carried out for this purpose?

Yes.  Measures are being taken in this area: the offense of illegal migrant trafficking has been included in the reform of the Criminal Code, and in the draft bill on Migration and Nationality.  Furthermore, training in detection of false documents has been provided to the Frontier Division of the National Civil Police.

As regards court proceedings, the State prosecutes the crimes of falsification of documents and documentary evidence, trafficking in persons, and membership of an international criminal organization.

Have there been any cases in your country in the last ten years where immigrant workers or their family members have been the targets of violence, abuse or mistreatment, either by employers or other persons, groups or organizations? What are the inspection and penalty mechanisms to prevent and condemn such violence and abuse? How many court or administrative proceedings have been started for this reason? Could you discuss any?

We have no information or knowledge of any court proceedings.  The Criminal Code punishes crimes against life, physical integrity, and liberty.

Have there been any cases in your country in the last ten years of abuse of authority, violence, torture or death of immigrant workers and their family members as a consequence of the activities of the police or migration officials? Have any court or administrative proceedings been started or completed in this area, and what have the results been?

The Office of the State’s Attorney for the Defense of Human Rights has received complaints alleging illegal deprivation of liberty and mistreatment of in-transit migrants originating from the People’s Republic of China, Senegal, India, Ecuador, Colombia, and Peru.  In the courts we know of an amparo proceeding against the Director General of Immigration (for the period 1996 to 1997), in which he was convicted of violation of the right to liberty and failure to provide minimum conditions of hygiene and food.

In April 2001, The Attorney General opened an enquiry into the case of Ecuadorian irregular migrants who received gunshot wounds from Navy personnel when then latter were pursuing them while on a vessel in the Gulf of Fonseca.  The naval authorities say that the vessel belonged to traffickers of illegal immigrants and that this vessel fired first.

Do you have any background information on cases in which migrant workers from your country or members of their families have been the targets of violence, abuse, mistreatment, torture or death either by employers, groups or organizations, immigration police or other state employees in the countries of employment or transit? Could you give any cases?

According to the Program "Bienvenido a Casa" [Welcome Home], a number of people who were forcibly repatriated and received assistance from the Program have claimed mistreatment, particularly in psychological terms, at the hands of immigration officials.

We have received information from our embassies in Guatemala, Mexico and the United States, as well as from nongovernmental organizations and journalistic sources, of abuse, mistreatment, and deaths of Salvadoran migrants in transit to the United States.

No official complaints by migrant workers are reported at the majority of our consulates in the countries of North America.  Nevertheless, it is known that situations of this type occur, given that our citizens go informally to consular offices to report irregularities of this type, without formalizing complaints in writing.

For what reasons can regular immigrant workers be deported from your country?

They can be deported for breaking the law.  Chapter VII (Punishments) of the Migration Law, sets down the causes for which aliens are to be expelled (Articles 60, 61, 63, and 66). Article 96 of the Constitution provides that aliens are strictly required to respect the authorities and to obey the law.

Article 97 of the Constitution says that aliens who participate directly or indirectly in the domestic politics of the country lose the right to reside therein.

Can any determined group of immigrant workers and their family members be expelled as a group from your country?

No cases have been reported.

35.          What is the competent authority to determine whether an immigrant worker and members of his family can be expelled from your country? Is it the same authority for both regular and irregular immigrant workers?

The Ministry of the Interior through the General Directorate of Immigration.

a)          Can an immigrant worker and his family members who are expelled from your country go to a country other than his country of origin?

Yes, if the other State admits them.

b)          What is the administrative or court procedure to expel an immigrant worker and his family members from your country? Are there different procedures for regular immigrant workers and irregular immigrant workers?

There are no different procedures.  There is an administrative procedure provided in the Migration and Nationality Law [Ley de Migración y Extranjería].

c)          Do both regular and irregular immigrant workers have court remedies to apply for or seek a review of the measure? If so, could you indicate what these actions are and describe them?

Under Article 18 of the Constitution, all persons are entitled to address their petitions in writing to the established authorities.  Article 67 of the Migration Law provides that appeals against the decisions of the General Directorate of Immigration must be presented to the Ministry of the Interior within three days.  In the courts, there are constitutional remedies, such as amparo and habeas corpus.

d)          When such a review is pending, is the immigrant worker expelled or can he remain in your country until the review is finally resolved?

According to the Migration Law and the Constitutional Procedures Law, immigrant workers remain in the State until a decision is issued.

e)          In what language are immigrant workers informed of the decisions of administrative or court authorities?

In the official language of El Salvador:  Spanish.  If possible, translation is provided, in accordance with the Constitution and the international agreements ratified in this area.

36.          If an immigrant worker and his family members are expelled under the terms of a resolution from an administrative authority and the resolution is later nullified, does that person have a right to any compensation? If so, can you describe the procedure followed to obtain such compensation?

There is no compensation because the Migration and Nationality Law does not provide for any.

37.          After an expulsion resolution is issued, how much time is given to the immigrant worker and his family members to leave the country? What information is taken into account to determine how much time they have before they must leave your country?

Under Article 13 of the Constitution and the immigration laws, they have 72 hours.

38.          If an immigrant worker is expelled or deported, whether he is regular or irregular, what happens to any pending matters related to him, an example being any wages owed to him?

No specific legislation exists in that regard.

39.          Are irregular immigrant workers and their family members entitled to fair trial and court protection on the same terms as citizens of your country? Can an irregular immigrant worker be expelled from your country merely by appearing before the court system for any other matter? Are legal counsel services available to migrant workers who are unable to pay the legal services of a professional?

They are entitled to the guarantees that the Constitution affords.  Appearance before the courts is not grounds for deportation.  Those unable to afford the services of a professional attorney have a public defender provided for them.  There are nongovernmental organizations, such as the Human Rights Institute of Universidad Centroamericana José Simeón Cañas, the Salvadoran Association of Los Angeles[cl4] , Central American Refugee Center[cl5]  (CARECEN), and others.  Furthermore, the Office of the State's Attorney for the Defense of Human Rights takes up petitions of this type, and the Attorney General's Office provides the services of public defenders.

40.          Are immigrant workers and their family members entitled to appear before the diplomatic authorities of their country of origin or to seek assistance for the protection of their rights, or from the authorities who represent the interests of that country? If so, how is that right made available to the migrant workers and their family members?

The norms on protection contained in the 1963 Vienna Convention on Consular Relations[cl6]  are observed.  Furthermore, Article 99 of the Constitution provides that aliens only have recourse to diplomatic authorities in the event of denial [cl7] of justice and after the legal remedies they may have attempted have been exhausted.  Everyone has the right to communicate by telephone with their diplomatic or consular representatives, or to inform the relevant authority of the situation.[cl8] 

41.          Do irregular immigrant workers have to pay taxes on their salaries or wages?

They would be legally required to pay if their employers registered them.

42.          Do irregular immigrant workers have any type of coverage of their health needs by the public health service?  If so, how is such coverage extended and what does it consist of?

If necessary, they may go to any State hospital or national health center for any emergency or disease that requires primary medical attention.

43.          Do irregular immigrant workers and their family members have access to the benefits of the social security system of your country?  If so, what do these benefits consist of?  Are there any limitations in this connection on irregular migrant workers?  If so, what are they?

The Salvadoran Social Security Institute has agreements with the Social Security Institutes of all the other Central American countries, which makes it possible to provide attention to all the workers in the region who are in transit.  Regardless of their status in the country, migrant workers can be insured provided their employers register them.

44.          Do immigrant workers have the right to organize or join trade union organizations?  If so, are there any limits on them?  What do they consist of?

In accordance with Article 47 of the Constitution, workers in the private sector, irrespective of nationality, have the right to associate freely in defense of their respective interests by forming professional associations or trade unions.  However, foreigners are not permitted to be members of a union leadership or to belong to immigrant workers' union organizations[cl9] .

45.          Does your country conduct activities that promote the human rights of migrant workers and their family members?  If so, what are those activities?

It is a constitutional precept that all inhabitants of the Republic are entitled to protection of their fundamental human rights.  At the national level, the Office of the State's Attorney for the Defense of Human Rights does important work to promote respect for the rights of migrant workers and their families.  Furthermore, the Migrants’ Forum, a national consensus-building entity, is concerned with the issue of migrants and upholding their rights.

As regards nationals who emigrate to other countries in search of opportunities for a better life, in order to protect our compatriots an enormous coordinated awareness-raising and promotion effort is being implemented by the Government, national public agencies, and nongovernmental organizations.

46.          Are there any associations recognized by the country that are engaged in promoting and protecting the rights of migrant workers and their family members?  If so, include a list of such organizations.

The public agency with that task is the Office of the State's Attorney for the Defense of Human Rights.  There are also a number of nongovernmental organizations that are involved in  migration issues in the framework of the Migrants’ Forum, where one area of activity is protection of the rights of migrant workers and their families.

47.     Do immigrant workers and their family members have freedom of thought, conscience and religion?  Are there any restrictions in this area?

Migrant workers and their families are guaranteed these freedoms under Articles 6 and 25 of the Constitution.  Furthermore, El Salvador has ratified the American Convention on Human Rights and the International Covenant on Civil and Political Rights, which recognize those rights.

48.          Do immigrant workers and their family members have the freedom to profess, practice, teach, either individually or collectively in public or private places, their religious manifestations or beliefs?  Are there any restrictions in this area?

Article 25[cl10]  of the Constitution guarantees the free exercise of religion, subject only to the restrictions required to preserve public morals and order.

49.          Do immigrant workers and their family members have the freedom of opinion and expression, without any interference?  Are there any restrictions in this area?  Do immigrant workers and their family members have special channels or ways to express their opinions?

They have freedom of opinion and expression pursuant to Article 6 of the Constitution, provided they do not subvert public order, nor harm the morals, honor, and private lives of others.

The right of reply exists for people to protect their rights and guarantees.

50.          What nationality do the children of immigrant workers, either regular or irregular, acquire when they are born in your country?  Do the children of immigrant workers, both regular and irregular, born in your country have the right to an identity and to have their birth recorded in your country?  Are there any limits in this connection on irregular migrant workers?

In accordance with Article 90 of the Constitution, persons born in El Salvador are entitled to Salvadoran nationality by birth.  There are no limits on the children of irregular [migrant[cl11] ] workers.

Do the children of irregular migrant workers born in your country have the same benefits as the children of the citizens of your country?  Are there any legal or de facto limits?  If so, what do they consist of?

They have the same rights because they are Salvadoran by birth; there are no limits.

Do the children of irregular or undocumented immigrant workers have access to public schools on the same terms as the children of citizens of your country?  Are there any legal or de facto limits?  If so, what do they consist of?

It should be mentioned that there is no separate section of the [Education[cl12] ] Law that deals specifically with immigrants.  For that reason these people do not receive special treatment.  Furthermore, despite the requirement of the original birth certificate for the purposes of enrollment in schools, immigrants are not treated in an manner designed to exclude them, because there is no article in the Constitution that contains any such restrictions.  Immigrants are not specifically addressed in the Constitution or in the General Education Law. 

In addition, Article 3 of the Constitution provides that all persons are equal before the law and are entitled to the same civil rights without distinction on the basis of nationality, race, sex, or religion. 

Article 55 of the Constitution and Article 2 of the General Education Law provide, inter alia, that the purpose of education is to inculcate respect for human rights in all students and combat all attitudes of intolerance and of hate.  By the same token, Article 4 of the General Education Law provides that the State shall promote full access to the education system for all people capable to participate therein, as a strategy to democratize education. That strategy will include development of adequate physical infrastructure, and provision of competent personnel and of the necessary curricular instruments. 

The Office of the State's Attorney for the Defense of Human Rights knows of no cases where education access has been denied.  However, their illegal status of could prevent them from the enjoyment of benefits of this type (for fear of deportation or dismissal from their jobs).

51.          Have there been any cases in your country in the last ten years in which the children of irregular immigrant workers been denied access to the public schools or had this access restricted?  If so:

No.  According to the Ministry of Education, there are no known cases of this nature.  There is no evidence to prove or disprove that the children of irregular immigrant workers are restricted in their access to state schools.  However, it would be advisable to conduct research on this issue in border areas of Central America. 

The absence of a significant number of irregular immigrants in the country rules out, for the moment, the inclusion in laws of separate sections on the situation of immigrants.

a) What are the arguments that have been made to deny or restrict access to public schools to the children of irregular migrant workers?

Not applicable.

b)          Are there any administrative or court remedies available to deal with this situation?  What are the means or remedies available to those affected?  Could you describe them?

Not applicable.

Is respect for the cultural identity of immigrant workers and the members of their families guaranteed in your country?  Are there any special measures taken to promote such respect?

Yes. It is guaranteed by law. For instance, the General Education Law provides, with respect to the rights of students:

That students shall be educated in respect for human rights and in the defense of the principles of liberty, scientific truth, morality, and justice; they are also entitled to be treated with justice and respect and not to be subjected to corporal punishment, humiliation, physical or mental abuse, neglect or negligent treatment, mistreatment or exploitation, including sexual abuse.

No special measures are taken to promote such respect in the treatment of immigrant workers.  However, values such as respect and solidarity are fostered in children because they are cross-cutting themes of the national schools curriculum.

Can regular immigrant workers and their family members transfer their earnings, savings and personal effects to their country of origin once their stay in your country is over?  Are there any limits in this area?  If so, what are they?  What is the procedure that is followed?

There are no limits.

Are there mechanisms for returning the remains of immigrant workers, both legal and illegal, who die in your country to their country of origin?  What are these mechanisms?

Repatriation depends on the wishes of the relatives and of the government in the country of origin.  The Government, through the Ministry of Foreign Affairs, makes arrangements on behalf of the relatives of Salvadorans who die abroad.  Furthermore, a proposal is being lobbied at the International Organization for Migration (IOM) to create a fund for repatriation of bodies and seriously injured or ill persons.  It is also proposed to create bilateral programs for the return of bodies, in particular with Mexico and Guatemala.

Does your country have special programs to achieve reunification of the families of migrant workers?

Yes.  Through the IOM, special family reunification programs are implemented with the United States; such programs are also being implemented with Belize, Mexico, Canada, and other countries.

Do immigrant workers have political rights in your country?  If so, what do those rights consist of?

Only Salvadoran citizens have political rights.  An alien who obtains Salvadoran nationality acquires the citizen rights provided at Articles 71 and 72 of the Constitution.

Do emigrating workers from your country have the possibility to vote and exercise other political rights when they are located in the country of employment?

They cannot vote because only citizens of the country may exercise political rights.

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