U.S. Department of State Annual Report on International Religious Freedom for 2001 - El Salvador

The Constitution provides for freedom of religion, and the Government generally respects this right in practice.

There was no change in the status of respect for religious freedom during the period covered by this report, and government policy continued to contribute to the generally free practice of religion. The Constitution specifically recognizes the Roman Catholic Church and grants it legal status.

The generally amicable relationship among religions in society contributed to religious freedom.

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights.

Section I. Religious Demography

The country has a total land of 8,108 square miles, and its population is over 6 million.

The country is predominantly Roman Catholic. According to a 1995 survey by the Central American University Public Opinion Institute (IUDOP), approximately 56.7 percent of the population were members of the Roman Catholic Church. Additionally, 17.8 percent were members of Protestant churches, 2.3 percent were associated with other churches and religious groups, and 23.2 percent were not affiliated with any church or religion. Outside of the Catholic and Protestant churches, there are small communities representing the Church of Jesus Christ of Latter-Day Saints (Mormons), Seventh-Day Adventist, Baptist, Jewish, and Muslim faiths, among others. A very small segment of the population practices a native religion. The predominance of the Catholic Church does not impact negatively on the religious freedom of other denominations. Several Protestant missionary groups are active in the country.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respects this right in practice. The Government at all levels generally protects this right in full, and does not tolerate its abuse, either by governmental or private actors.

The Constitution specifically recognizes the Roman Catholic Church, and grants it legal status. In addition, the Constitution provides that other churches may register for such status in accordance with the law. The Civil Code specifies that a church must apply for formal recognition through the General Office of Non-Profit Associations and Foundations (DGFASFL) within the Ministry of Interior. Each church must present a constitution and bylaws that describe, among other things, the type of organization, location of offices, goals and principles, requirements for membership, type and function of ruling bodies, and assessments or dues. The DGFASFL must determine that the constitution and bylaws do not violate the law before it can certify a church. Once certified, the church must publish the DGFASFL approval and its constitution and bylaws in the official government gazette.

In 1997 the Government implemented a 1996 law that charges the Ministry of Interior with registering, regulating, and overseeing the finances of nongovernmental organizations (NGO's) and non-Catholic churches in the country. The law specifically exempts unions, cooperatives, and the Catholic Church. The Ministry of Interior already was responsible for registering non-Catholic churches before passage of the 1996 law. The law and the implementing regulations did not change the existing mechanism for church registration. There have been no allegations that churches encountered problems in obtaining registration.

The regulations implementing the tax law grant recognized churches' tax-exempt status. The regulations also make donations to recognized churches tax-deductible.

Non-Salvadoran nationals seeking to promote actively a church or religion must obtain a special residence visa for religious activities. Visitors to the country are not allowed to proselytize while in the country on a visitor or tourist visa. There were no allegations during the period covered by this report of difficulties in obtaining visas for religious activities.

Public education is secular. Private religious schools operate in the country. All private schools, whether religious or secular, must meet the same standards in order to be approved by the Ministry of Education.

The Constitution requires the President, cabinet ministers and vice ministers, Supreme Court justices, magistrates, the Attorney General, the Public Defender, and other senior government officials to be laypersons. However, there is no such requirement for election to the National Legislative Assembly or municipal government offices.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally unrestricted practice of religion.

Abuses of Religious Freedom

In December 2000, the Attorney General asked a lower court judge to adjudicate the legality of reopening the case of the 1989 murders of six Jesuit priests, their housekeeper, and her daughter. The Attorney General took this action in response to a March 2000 formal request from the rector of the Central American University to prosecute the crime's alleged instigators. The judge ruled that the accused were not covered under the 1993 General Amnesty Law, because they were public officials at the time of the killings. However, she closed the case because the 10-year statute of limitations had expired. In December 2000, both the defense and the prosecution appealed the decision. The defense asked the court to find their clients not guilty rather than apply the statute of limitations. In January 2001, the appeals court upheld the lower court's decision to close the case based on the statute of limitations. It took no position on the amnesty. In an appeal allowed under the law, in February 2001, the prosecution asked the appeals court to reconsider its verdict, which the prosecution alleged was flawed. In March 2001 the appeals court upheld its January ruling.

There were no reports of religious prisoners or detainees.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens abducted or illegally removed from the United States, or of the Government's refusal to allow such citizens to be returned to the United States.

Section III. Societal Attitudes

The generally amicable relationship among religions in society contributed to the free practice of religion. Four of the largest Protestant denominations – the Episcopal, Baptist, Lutheran, and Reform churches – are part of the National Conference of Churches (CNI), an interfaith organization created to promote religious tolerance and to coordinate a church-sponsored social program.

Section IV. U.S. Government Policy

The U.S. Embassy discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights. The U.S. Government maintains a regular dialog with the principal religious leaders, church officers, church-sponsored universities, and NGO's.