El Salvador—the smallest Central American country with a population of 6.8 million[1]—is known for its rich culture and tasty foods.[2] However, behind the peaceful volcanoes and landscape lie a slew of controversies that stem from President Nayib Bukele, who has recently been re-elected.[3] After a 2022 gang massacre—which left eighty-seven dead—President Bukele has ruled by claiming a state of emergency.[4] Under his regime, President Bukele has “restricted the right of association, the right to be informed of the reason for an arrest, and the right to legal counsel.”[5] These restrictions may seem to be extreme, but it is important to remember the country’s circumstances prior to President Bukele.
Home to many gangs, like the notorious Mara Salvatrucha “MS-13,” the country struggled to fight corruption.[6] In 2015, the country’s homicide rate reached 105 per 100,000 people.[7] This is a stark contrast from the United States (“U.S.”) figure, which was at 4.9 per every 100,000 persons that same year.[8] These numbers are representative of the failures of past Presidents of El Salvador.[9] President Bukele’s predecessor, Sanchez Ceren (2014-2018), left with little to show.[10] While he attempted to have a forceful hand against the crimes, his policies failed, often leading to deadly confrontations between gang members and government officials.[11] Former President Mauricio Funes (2009-2013) attempted to broker a deal with the gangs, but only had short-term success as well.[12]
While El Salvador is still a far cry from a utopia, it has made statistically drastic improvements that separate President Bukele from previous Salvadoran Presidents.[13] Shop owners—who would previously pay an extortion fee to gangs—now find a newfound trust in the government.[14] They can report crime without fear of retaliation from the gangs and have confidence that these extortionists will be held to account for their illegal actions.[15] There are reportedly only fifty-three armed gangs left in the country, which previously reached over one-hundred in 2020.[16] Most importantly, over 70,000 Salvadoran gang members have been arrested since the crackdown.[17] President Bukele’s extreme actions have given more Americans the reassurance that traveling to El Salvador is safe, increasing tourism for the small country.[18] Given these positive contributions, it is easy to overlook President Bukele’s manipulation of the Salvadoran constitution.[19]
However, the President’s sweeping legislative policies are not without their criticisms.[20] With the onslaught of arrests, the country has opted to build a new supermax-like prison to hold many of its most dangerous criminals[21]. Those deemed to have helped or taken part in gang violence are sent here.[22] More severe offenders—those who have committed murders, gang leaders, etc.—are kept in separate, more extreme conditions.[23] Many are crammed into a small cell and are forced to fight over a single toilet.[24] Water is distributed in a large container, which the prisoners must ration out.[25] They get no access to family visits, very little exercise time, and only tortillas, rice and beans to eat for every meal.[26] Many critics claim that these treatments are an abuse of humanitarian rights.[27]
Given El Salvador’s participation in the United Nations Convention Against Torture (“CAT”), the government has been criticized for its “Mano Dura” (Firm Hand) policies. Opponents argue the policies violate the CAT agreements, specifically Article 16 which protects against cruel, inhumane, or degrading treatment.[28] It is clear the Salvadoran President is treading the line of helping his people while violating the human rights each person is owed.[29] By limiting access to loved ones and outdoor exposure, the prison conditions can create a concoction of mental health disasters; this is not only worrisome, but a direct violation of the Conventions Against Torture that has been binding on El Salvador since its 1996 accession.[30]
Many Western countries, like the U.S., are quick to judge the current President’s actions.[31] They take issue not only with the crime, but with the financial insecurity and low educational.[32] The lack of rehabilitation centers and the pure punishment approach are short-term successes that are not manageable in the long term.[33] Some argue that the mega prison should be reformed to be more humane and be used as an opportunity to rehabilitate the prisoners, instead of making them serve a dreadful life sentence behind bars.[34]
The locals have a much different perspective.[35] A poll by LatinoBarometro found that sixty-two percent of Salvadorans felt positive about the government’s steps.[36] President Bukele’s bid to run for President again—unconstitutional under El Salvador’s Constitution—was a blowout, with eighty-five percent of votes in favor of the controversial president.[37]
President Nayib Bukele has made unquestionably controversial decisions–many challenging fundamental human rights, and are contrary to international agreements, like Conventions Against Torture.[38] So much so that his unilateral actions have drawn criticisms that extend beyond the borders of El Salvador.[39] However, these criticisms coexist with undeniably significant accomplishments.[40] El Salvador’s reduced gang activity has renewed a sense of trust within the government and improved overall public safety.[41] While the long-term impact of his policies remain uncertain, the challenges ahead will determine if his progress is sustainable or destined to follow the fate of past Salvadoran presidents.[42]
[1] U.S. CENSUS BUREAU, U.S. and World Population Clock, https://www.census.gov/popclock/world/es (last visited Apr. 19, 2025).
[2] El Salvador, NAT’L GEOGRAPHIC KIDS, https://kids.nationalgeographic.com/geography/countries/article/el-salvador#:~:text=Known%20as%20the%20Land%20of,frequent%20earthquakes%20and%20volcanic%20activity (last visited Apr. 19, 2025).
[3] Nelson Renteria, El Salvador’s President Bukele Poised for Another Landslide as Voters Head to Polls, REUTERS (Feb. 4, 2024), https://www.reuters.com/world/americas/el-salvador-president-bukele-poised-another-landslide-voters-head-polls-2024-02-04/.
[4] Parker Asmann, Too Many Soldiers? How Bukele’s Crackdown Succeeded Where Others Failed, INSIGHT CRIME (May 23, 2023), https://insightcrime.org/investigations/too-many-soldiers-how-bukele-crackdown-succeeded-where-others-failed/.
[5] Nayib Bukele, ENCYC. BRITANNICA, https://www.britannica.com/biography/Nayib-Bukele (last visited Apr. 19, 2025).
[6] Christine Wade, The Dark Side of El Salvador’s Crime Miracle, FOREIGN POL’Y (Aug. 8, 2024), https://foreignpolicy.com/2024/08/08/el-salvador-bukele-crime-homicide-prison-gangs/.
[7] Id.
[8] FED. BUREAU OF INVESTIGATION, Crime in the United States, 2015: Table 1, https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015/tables/table-1.
[9] See Chris Dalby, Ex-President Leaves El Salvador Facing Same Threats, INSIGHT CRIME (July 5, 2021), https://insightcrime.org/news/ex-president-sanchez-ceren-leaves-el-salvador-facing-same-threats/.
[10] See Id.
[11] Id.
[12] Id.
[13] See Nayib Bukele, Britannica, supra note 5 (11).
[14] https://www.google.com/search?client=safari&rls=en&q=what+is+it+called+when+a+person+asks+for+money+in+order+to+be+left+alone&ie=UTF-8&oe=UTF-8.
[15] Id.
[16] Too many soldiers’ How Bukele’s crackdown succeeded where others failed, supra note 10.
[17] El Salvador Police Report Says Crackdown Leaves 43,000 Tied to Gangs Still Free, Reuters (Sept. 27, 2023, 4:14 PM), https://www.reuters.com/world/americas/el-salvador-police-report-says-crackdown-leaves-43000-tied-gangs-still-free-2023-09-27/.
[18] U.S. DEP’T OF STATE, El Salvador Travel Advisory, https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/el-salvador-travel-advisory.html (last visited Apr. 19, 2025).
[19] See Renteria, supra note 3.
[20] See Wade, supra note 6.
[21] See Inside El Salvador’s Mega Prison, YouTube (Feb. 28, 2023), https://youtu.be/H42zWaD4A4s.
[22] Id.
[23] Id.
[24] Id.
[25] Id.
[26] Id.
[27] Id.
[28] Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 16, opened for signature Dec. 10, 1984, 1465 U.N.T.S. 85, https://treaties.un.org/doc/Treaties/1987/06/19870626%2002-38%20AM/Ch_IV_9p.pdf.
[29] See Id.
[30] Id. at Art. 1
[31] Marcos Alemán, Bukele’s Inauguration Reflects Migration, Power, and Popularity in El Salvador, AP NEWS (June 1, 2024), https://apnews.com/article/el-salvador-inauguration-bukele-migration-df66c3f2a1ed05f62c2646653f1aaa16.
[32] Margo Jarjoura, The Rise and Eventual Fall of El Salvador’s Mano Dura, 56 U. MIAMI INTER-AM. L. REV. 110, 141 (2024).
[33] Id.
[34] Id. at 44-45.
[35] Yahoo News, In El Salvador and Mexico Popular Isn’t the same as Democratic, https://www.yahoo.com/news/el-salvador-mexico-popular-isn-144424855.html (last visited Apr. 19, 2025).
[36] Id.
[37] Id.
[38] Renteria, supra note 3.
[39] Jarjoura, supra note 32, at 141.
[40] In El Salvador and Mexico, Popular isn’t the Same as Democratic, Yahoo News, supra note 33.
[41] See Id.
[42] Dalby, supra note 9.
