The onslaught of Salvadoran President Nayib Bukele against dissident voices in El Salvador has reached a. This Tuesday, the Legislative Assembly, under the absolute control of the president, approved the Law of Foreign Agents with which he may issue with a single order what humanitarian organizations or independent media can work or not in the country. The law also contemplates that, who are allowed to work, must register for a national registry and pay 30% of their income to the government.
The measure was announced by the president last week, after one. This Tuesday, the Minister of the Interior, Juan Carlos Bidegain Hanania, presented it to the Legislative Assembly, where it was promoted by Deputy Christian Guevara, of the official party new ideas. Its approval was given 95% of votes in favor after just an hour and 24 minutes of discussion, less than a football game lasts.
The approval of the law is produced in the midst of the strongest onslaught against the dissident voices that the Bukele government has given in its six years in power. In the last three weeks, at least 15 people, including businessmen, communal leaders and activists, have been arrested for political reasons without the right to defense. The last one was a prominent human rights lawyer and member of the Crystosal Oenegé. Earlier this month, at least seven journalists have fled from the country for fear of being arrested after revealing information about alleged secret pacts of the
The law now approved by Bukelism is identical to the one with which the Daniel Ortega regime has canceled the legal status of more than 5,200 oenegés. This figure includes religious, educational, indigenous, medical, business and human rights associations, as well as independent universities and media. In the case of El Salvador, it is estimated that the law can affect up to 8,000 NGOs and more than a dozen independent media.
The law contemplates the possibility that some Oenegés are exempted to government criteria; However, Bukele’s position has been clear that he will not tolerate organizations that seek to strengthen democracy or the fight against corruption.
Criticism no longer affect Bukele
In 2021, Bukele tried to promote a very similar law, with the same name and with a very similar body; However, due to pressures of international organizations, he gave up.
Before the announcement of the president to relive this law proposal, several international organizations spoke again against, but this time the pressure did not work. Gina Romero, a UN Special Rapporteur for Freedom of Association and Assembly, wrote in her X account: “Labeling as foreign agents who receive legitimate funds stigmatizes, silence and weakens the country’s civic fabric. It is not compatible with a democratic society.”
In the last week, Bukele has faced a criticism tsunami about its ascent and visible authoritarianism with the criminalization of human rights defenders. But, so far, neither the president nor anyone from his cabinet has publicly responded to those accusations.
During the minutes that the discussion of the law lasted in Congress, the only ones who opposed were the three opposition deputies that remain in the assembly from the legislative elections of May 2024, when Bukelism achieved the total control of the three powers of the State.
Deputy Claudia Ortiz, of the Vamos party, criticized the measure. “This law is a law incompatible with democracy, the rule of law, and respect for the fundamental rights of freedom of expression and association,” he said. “This is an authoritarian tool for censorship and weakening of civic space in El Salvador,” he added.
El Salvador🇸🇻 | The Legislative Assembly has just approved the Law of Foreign Agents aimed at preventing the work of civil society and independent media.
With this law, the country takes another step in the direction of Nicaragua.
The authoritarian drift advances by leaps and bounds.
— Juanita Goebertus (@JuanitaGoe)
What does the law say?
The law establishes as entities subject to it to “every natural or legal person, national or foreign, who within the territory of El Salvador carry out activities that respond to interests, whether controlled or financed, directly or indirectly by a foreign principal.” As well as “the people who, attending to the object and compliance with this law, the registration of foreign agents (Raex) determines that they are included in the quality of foreign principal.”
At the same time, the president of the RAEX may register “ex officio” whom he determines. If an organization or medium is not registered within that period, “they will not be able to carry out activities, nor movements of financial or active resources, or material goods,” says the law.
The law establishes as one of its prohibitions “carrying out activities for political purposes or others.” At the same time, it grants special powers to the President of the Republic, to define the regulations and concepts on who is a foreign agent and what are the political activities prohibited in the law, among other things.
Likewise, the President may “establish the requirements for the registration of obliged subjects” by law, as well as “deny, revoke or not renew the requests for registration or the excluded subject qualification, as appropriate.” The law will enter into force eight days after being published in the Official Gazette.
Fines and threats with jail
Another of the nerve points of the new law are the possible penalties with jail. The RAEX will have among its powers “prepare a semiannual report of the registered activities, and refer to the Unit of the Attorney General of the Republic that corresponds, depending on the provisions of the law against money laundering and assets,” says the document.
In September 2020, just over a year after having come to power, Bukele accused, during a national chain, the digital newspaper The lighthouse money laundering and announced that the Prosecutor’s Office would open an investigation against him. Following this, the media moved its administrative offices to Costa Rica.
The law also grants powers to the President of the Registry to “request the suspension or cancellation, as the case may be, of the legal status or of the registration that authorized its operation in the country, of the obliged entities that fail to comply with this law”.
The measure establishes fines for those who fail to comply with their tax presentation of up to 100% of the amount to be taxed, that is, if someone does not declare their 30%, the fine could mean 60% of their income.
Failure to comply with the obligations established by law, as to the established deadlines to present the required information, correct prevention or others indicated by the Registry may be sanctioned with a fine from 100,000 to $ 250,000.
