El Salvador: Information on compulsory military service (1992-1994)

Response to Information Request SLV13641 of 5 April 1993 provides copies and English translations of the laws establishing and regulating compulsory military service in El Salvador.

In addition to this information, please find attached two documents that discuss the military service law approved by the Legislative Assembly on 30 July 1992 and a section of the 9 February 1993 ONUSAL (UN Observer Mission in El Salvador) report.

The ONUSAL report states that "the ONUSAL Human Rights Division declared admissible 136 complaints for forcible, irregular or arbitrary recruitment during the period January-May 1992" (United Nations 9 Feb. 1993, 20). The report adds that

the work done by the ONUSAL observers was extremely important in helping to secure the discharge of irregularly recruited persons who met the requirements for exemption stipulated in the Ministry of Defence instruction on granting exemptions from compulsory military service (ibid.).

The report also states that "irregular recruitment, on the part of both the armed forces and FMLN, gradually ceased with the signing of the Peace Agreement of 16 January 1992" (ibid.).

One of the attached documents, discussing the law before it was approved by the government, indicates that although all males between the ages of 18 and 30 must register, selection for service will be determined by a lottery system (Central America Update 24 Apr. 1992). Exemptions would be available for students at universities and vocational schools, and "only sons" (ibid.). The article adds that "individuals who refuse to comply with required military service will be refused access to a passport, driver's license, or copy of their police record" (ibid.).

Another attachment reports criticisms on the military service law, among them the lack of exemption from service for former FMLN combatants, and the extent of military control over the civilian population through its recruitment census and offices (Central America Report 14 Aug. 1992).

Please note that one of the laws attached to SLV13641 explains in detail the grounds for exemption from military service and military service equivalents (Ley del Servicio Militar y Reserva de la Fuerza Armada [Law of the Military Service and Reserve of the Armed Forces] 31 July 1992, Chapter VII). What follows is a brief description of these exemptions and equivalents.

The law states under Chapter VI that an equivalence to fulfilling military service can be obtained by those in one of the following categories who are called for service and perform intermittent military training: a) those who study regularly and efficiently in universities or technical schools; b) persons who can prove they have dependent children under the age of majority; and c) children (sons or daughters; the Spanish term hijos used in the law is a plural that applies to children of either gender) who can prove they are the sole supporter of their family (art. 19). The law states that a military service equivalence can also be granted to: a) those who have been serving as cadets at military study centres for at least one academic year; b) administrative personnel of the armed forces who have served for at least 24 months; c) members of the National Civilian Police who have served for no less than 24 months; and d) those whose professional or technical service contributes to the Armed Forces and who undergo a military training program (art. 20).

Permanent exemption is granted for reasons of physical or mental health, while temporary exemption is granted to: a) ministers of any church who are exercising their duties and began exercising them at least 15 months before the date of the call for service; b) registered teachers whose main occupation is teaching; c) publicly elected officials, judges and magistrates of the judiciary, and officials of other government bodies and institutions who are fulfilling their duties; d) those who are detained or imprisoned on the date of the call for service; e) those who are studying in the Public Security National Academy or are serving in the National Civilian Police; and f) persons who are certified by military health authorities as being disabled for a significant period (although these persons must report when their condition ends) (art. 23).

Article 24 of the above-mentioned law states that the grounds for exemption from military service will have effect only through the timely presentation of the application and pertinent documentation, and of the corresponding resolution of the General Direction of Recruitment and Reserve (the general outline of the procedure for obtaining the resolution is explained in the same article).

The above-mentioned law establishes in general terms the penalties for violations of this law, indicating that those constituting a crime or offence (delito in Spanish) will be tried under Penal Code and Code of Military Justice provisions (art. 33). A copy of the section of the Code of Military Justice that deals with crimes against military service, including abandonment of post and desertion, is attached to SLV13641. The document was provided by the Human Rights Department of the Central American University at San Salvador (also known as the Jesuit University), in answer to a DIRB inquiry on penalties for evasion of military service or desertion.

Article 34 of the law on military service states that contraventions of the law that do not constitute a crime or offence will be dealt with by the General Direction of Recruitment and Reserve, with a possible penalty of detention for up to 15 days or a fine that can be exchanged for a similar period of detention.

According to an officer with the military attaché office at the Embassy of El Salvador in Washington, DC, there is no forcible recruitment (rounding up of youths in civilian areas) in El Salvador today (25 Mar. 1994). Rather, there is a compulsory military service in effect, and those called for service must either report for duty or justify their exemption from it (ibid.). Women are not exempt from military service and can be called for duty, although they are not posted in combat positions (ibid.).

Reports of forcible irregular recruitment in El Salvador in 1993 or in the first quarter of 1994 could not be found among the sources currently available to the DIRB.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Central America Report [Guatemala]. 14 August 1992. "El Salvador: Military Service Law Draws Criticism."

Central America Update [New Mexico]. 24 April 1994. "El Salvador: Defense Ministry Submits Draft Legislation on Military Service." (NEXIS)

Documentation, Information and Research Branch (DIRB), Immigration and Refugee Board, Ottawa. 5 April 1993. Response to Information Request SLV13641.

El Salvador, Republic of. Ley del Servicio Militar y Reserva de la Fuerza Armada [Law of the Military Service and Reserve of the Armed Forces]. 31 July 1992.

Military Attaché Office, Embassy of El Salvador, Washington, DC. 25 March 1994. Telephone interview with officer.

United Nations Economic and Social Council, Commission on Human Rights. 9 February 1993. (E/CN.4/1993/11). Report of the Independent Expert on El Salvador, Mr. Pedro Nikken, Appointed by the Secretary-General in Accordance with Commission on Human Rights Resolution 1992/62 of 3 March 1992.

Attachments

Central America Report [Guatemala]. 14 August 1992. "El Salvador: Military Service Law Draws Criticism."

Central America Update [New Mexico]. 24 April 1994. "El Salvador: Defense Ministry Submits Draft Legislation on Military Service." (NEXIS)

United Nations Economic and Social Council, Commission on Human Rights. 9 February 1993. (E/CN.4/1993/11). Report of the Independent Expert on El Salvador, Mr. Pedro Nikken, Appointed by the Secretary-General in Accordance with Commission on Human Rights Resolution 1992/62 of 3 March 1992, p. 20.