San Salvador, El Salvador │ 5-9 July 2015

The mission was a direct follow up to PGA's Seminar on Equality and Non-Discrimination for Latin American and Caribbean Parliamentarians that took place on November 3^rd, 2014 and brought together Salvadoran Legislators and MPs from Belize, Costa Rica, Dominican Republic, Guatemala, Honduras, Jamaica, and Perú, along with Ms. Montserrat Solano Carboni, Ombudsman from Costa Rica, and Mr. David Ernesto Morales Cruz, Attorney General for the Defense of Human Rights of El Salvador.

At the 2014 Seminar, participating Parliamentarians adopted the San Salvador Statement of Commitment, which calls for a legislative reform to incorporate non-discrimination legislation, a gender identity law, and the inclusion of hate crime provisions in the Penal Code of the country.

Given that El Salvador held parliamentary elections on March 1^st, 2015 changing the composition of the Legislative Assembly in 45%, it was fundamental to the objectives of the project to inform newly elected Salvadoran Legislators about PGA’s work on human rights, invite them to join our Campaigns, and build support to reshape the National Group in the Legislative Assembly, which serves as a vehicle to advance human rights principles, among others, equality and non-discrimination.

During the three-day mission, PGA Delegates held meetings with Honorable Lorena Peña, Speaker of the Legislative Assembly and a PGA Member, as well as with her colleagues at the Legislative Assembly’s Board; the Chairs and members of the Committees on Foreign Affairs, Central American Integration and Salvadorans Abroad, and Justice and Human Rights, respectively; Coordinators of three of the five political parties represented in the Assembly: FMLN, GANA and ARENA; and with the Attorney General for the Defense of Human Rights (PDDH, in Spanish), and representatives of the LGBTI community in the Permanent Discussion Table for LGBT Rights hosted by the PDDH.

The key points of the field mission and next steps are:

• Generated political will among Salvadoran Legislators to join PGA (more than 20 new Legislators joined) and to endorse a human rights agenda. A Legislator from the ARENA party (conservative) noted that many of the issues are highly polarized and thus, need to be discussed within a human rights framework. He highlighted that sharing the experience of El Salvador with that of other countries, and the progress made at the international sphere, were key to moving the country in a right direction.
• A project of reform to the Penal Code increasing sanctions against murders (article 12) and threats (article 155) motivated by hate, including on the basis of race, ethnicity, political views, religion, gender, gender identity and expression, sexual orientation or any other equivalent, has been introduced at the Committee on Constitutional and Legislative Affairs for its review. PGA will liaise with key stakeholders to raise awareness about this project, demystify its intention and provide accurate information, and assist in building support across political lines.
• Increased concern from the PDDH and representatives of the LGBTI community at the high level of violence against this population, and especially against transgender persons. Mr. Morales, the Attorney General, emphasized that the increase in gang and criminal violence has made invisible the specific violence against LGBTI persons, who continue to be increasingly excluded and targeted. He urged Legislators to adopt special measures of protection for the community.
• Commitment from Salvadoran Legislators to ratify the Rome Statute of the International Criminal Court (ICC) during the current legislature. PGA has been working tirelessly on this topic since 2002 and reaching this goal would demonstrate a willingness for political compromise opening the door to discussions on other sensitive issues, such as non-discrimination legislation. 

As a next step, PGA is using the momentum to improve sensitization of Salvadoran Legislators on equality and non-discrimination prioritizing the dissemination of accurate information on international human rights law on sexual orientation and gender identity, the importance of El Salvador’s legal obligations in accordance to international conventions and its membership at the UN Human Rights Council, and the essential fight of impunity from the Salvadoran State against hate crimes.

The Legislative Assembly of El Salvador will host PGA’s 37^th Annual Forum on Monday, November 30^th and Tuesday, December 1^st 2015 on the topic of the role of Parliamentarians in support of peace and international security. A strategy meeting with SOGI key stakeholders from around the world will be convened on the sidelines of this Forum on Sunday, November 29^th. PGA will ensure that Salvadoran Legislators also participate in this conversation.

PGA is very grateful to Hivos for its support to undertake this important field mission and looks forward to continue our successful partnership.