San Salvador, El Salvador — A controversial new law passed by the Salvadoran Legislative Assembly has raised alarms over potential restrictions on civil society and media. The assembly, primarily controlled by President Nayib Bukele’s New Ideas party, enacted the Foreign Agents Law amid significant human rights concerns, without engaging in public discourse.
The law is framed as a measure to bolster transparency regarding foreign influence in public affairs and is intended to protect national sovereignty and stability. However, critics argue that it creates a mechanism for the government to monitor, control, and sanction organizations and media that criticize governmental corruption or human rights abuses. This has sparked fears that the law will infringe upon fundamental rights, including freedom of expression and association.
Under the new law, organizations and individuals receiving foreign funding must now register as “foreign agents” with a newly established Foreign Agents Registry (RAEX), managed by the Ministry of the Interior. The law broadly classifies foreign agents as any entity that is financially supported by or under the influence of foreign entities. This expansive definition raises concerns about arbitrary applications of the law.
Registered organizations will face a 30% tax on all financial transactions involving foreign funding. This creates an additional burden on organizations already grappling with a 10% tax on donations. The financial strain could threaten the survival of independent media and human rights groups in the country.
Moreover, the law’s vague terminology restricts foreign agents from participating in any political activities that could be interpreted as disruptive to public order or social stability. Agents are required to disclose the purposes for which they intend to use their funds and cannot accept anonymous donations, placing them at risk of severe penalties for ambiguous compliance failures.
RAEX is given broad authority under this law to exempt certain organizations from taxes or establish new requirements at its discretion. This could lead to unequal treatment, effectively rewarding compliant entities while punishing those viewed unfavorably by the government. The potential for sanctions includes freezing bank accounts and even revoking legal statuses based on vaguely defined criteria.
The implications of this legislation extend beyond fines, as it introduces the possibility of criminal prosecution for violations of the law and other related regulations. Civil society organizations, particularly those advocating for human rights, may find themselves under siege from these stringent controls, perceived as threats by the government.
The law’s lack of clarity enables invasive governmental oversight over NGOs, allowing for legal statuses to be withdrawn without judicial review based on subjective grounds. This significant overreach could ultimately stifle dissent and bolster organizations aligned with state interests.
In light of these developments, numerous organizations are calling for urgent international intervention. They urge the Organization of American States (OAS) to condemn the legislation and convene a council to address El Salvador’s democratic deterioration. Furthermore, they are appealing to the U.S. Congress to refrain from endorsing actions that could hamper civil society’s work. They stress the need for the United Nations to denounce the Foreign Agents Law, demanding its repeal to uphold international human rights obligations.
The unchecked power granted to the RAEX highlights serious concerns about the erosion of democracy in El Salvador and underscores the potential regional repercussions of similar legislative actions.
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