El Salvador: Whether compulsory military service exists; standard length of service; penalties for evasion or desertion; and whether these penalties are being enforced (1998-1999)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 30 November 1999 |
| Citation / Document Symbol | SLV32798.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, El Salvador: Whether compulsory military service exists; standard length of service; penalties for evasion or desertion; and whether these penalties are being enforced (1998-1999), 30 November 1999, SLV32798.E, available at: https://www.refworld.org/docid/3ae6ad7210.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to Article 215 of the Salvadoran Constitution, all individuals between 18 and 30 years of age "are required to perform military service" (El Salvador 1983). In a letter dated 14 October 1999, the military attaché of the Salvadoran embassy in Washington, D.C. stated that the standard length of service had been raised from 12 to 18 months, in accordance with Presidential Decree No. 28. No information on Decree No. 28, including the date of its promulgation, could be found among the documentary sources consulted by the Research Directorate.
Penalties for desertion or evasion of service in wartime (whether by volunteers or conscripts) are governed by the Military Code of Justice (Código de Justicia Militar, CJM) (ibid.). Please see the attached excerpt from the military attaché's letter of 14 October 1999 for a description of the penalties.
In a 16 November 1999 interview, a researcher at the Instituto de Derechos Humanos de la Universidad Centroamericano "José Simeón Cañas" (IDHUCA) in San Salvador stated that he was not aware of individuals being compelled in recent years to perform their military service. The researcher further stated that although "recruitment offices are open to volunteers, and the constitution states that military service is obligatory, for now the government does not need conscripts" (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please find below the list of additional sources consulted in researching this Information Request.
References
El Salvador. "Constitución de la República, 1983."
Embassy of the Republic of El Salvador, Washington, D.C. 14 October 1999. Correspondence from the Military Attaché.
Instituto de Derechos Humanos de la Universidad Centroamericano "José Simeón Cañas" (IDHUCA), San Salvador, El Salvador. 16 November 1999. Interview with Researcher.
Embassy of the Republic of El Salvador, Washington, D.C. 14 October 1999. Excerpt from correspondence from the Military Attaché. Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada.
Additional Sources Consulted
El Salvador. Legislative Assembly. 1999. "Leyes de la República."
