El Salvador

Declaration and notifications:

(a) With respect to the provisions of article 44, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition;
(b) With respect to article 46, paragraphs 13 and 14, the Republic of El Salvador states that the central authority as regards El Salvador is the Ministry of Foreign Affairs and that the acceptable language is Spanish.
Declaration:

(c) With respect to article 66, the Government of the Republic of El Salvador states that, by virtue of the provisions of paragraph 3 of that article, it does not consider itself bound by the provisions of paragraph 2 as it does not recognize the compulsory jurisdiction of the International Court of Justice. The foregoing applies exclusively to the context of the process for the settlement of disputes set forth in the said article.

Upon signature:

Reservation:

The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 16, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Upon ratification:

Reservation:

With regard to article 16, paragraph 3, of the Protocol, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of this article, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Interpretative declaration:

Article 3 a)

The Republic of El Salvador, in accordance with its domestic law (Act on Control and Monitoring of Firearms, Ammunition, Explosives and Similar Articles and their Regulation) interprets the following as collector's weapons: weapons of war which have been deactivated; and antique and obsolete weapons and those of historical value which shall not be utilized, subject to technical review by the Ministry of National Defence which shall so certify them; weapons of war: pistols, rifles and carbines with automatic firing action as well as those classified as light and heavy, mines, grenades and military explosives; antique weapons are those which are no longer manufactured and may be registered only for purposes of collection, in accordance with technical certification and prior authorization of the Ministry of National Defence; deactivated weapons: any weapon of war that, for purposes of collection, has been deactivated for its original use, with prior authorization by the Ministry of National Defence; firearm: weapons that, by the use of rimfire or centerfire percussion cartridges, expel projectiles through a smooth or rifled barrel, by means of the expansion of gases produced by the combustion of explosive solids or powder or other flammable material contained in the cartridge; furthermore, for identification purposes, pistols and revolvers shall be marked on the weapon and for rifles, carbines and shotguns, the serial number shall appear on the case of the mechanism; explosives are the combination of various substances and mixtures that produce an exothermic reaction when ignited. Any substance or material which, when struck, subjected to friction, heated or subjected to the effect of a small detonation or a chemical reaction, reacts violently, producing gases at high temperature and pressure that impact anything found in their vicinity; articles similar to firearms or ammunition: any articles or objects made by hand that have similar characteristics or can be used for the same purposes.

Reservation:

With respect to the provisions of article 18 of this Convention, the Republic of El Salvador does not consider itself bound by the provisions of paragraph 2 of that article in that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Upon signature:

Reservation:
The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 20, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice. With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved. With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.
Upon ratification:

Reservation:
With regard to article 20, paragraph 3, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of this article, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Declarations:
With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved.
With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.

Upon signature:

Reservation:
The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 15, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Upon ratification:

Reservation:
With respect to the provisions of article 15, paragraph 3, the Government of the Republic of El Salvador declares that it does not consider itself bound by article 15, paragraph 2, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.

Reservation:

With regard to article 35, paragraph 3, of the said Convention, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of the said article because it does not recognize the compulsory jurisdiction of the International Court of Justice.

Declaration:

The Government of the Republic of El Salvador recognizes the extradition of nationals on the basis of the second and third clauses of article 28 of the Constitution, which stipulate that "Extradition will be regulated under international treaties; in cases involving Salvadorans, extradition will proceed only if the treaty in question expressly allows it and the treaty has been approved by the respective legislatures of the signatory countries. In any case, the terms of the treaty must include the principle of reciprocity and give Salvadorans all the guarantees with respect to trials and penalties that this Constitution provides. The accused will be extradited if the offence was committed in the territory of the requesting country, unless the offence is international in scope, and in no case for political offences, even though common criminal offences may have occurred as a result.".

Declaration:

... pursuant to article 3, paragraph 2 of the above-mentioned Protocol, the Government of the Republic of El Salvador declares that the minimum age for Salvadorans who wish to enlist voluntarily for military service is 16 years, in accordance with articles 2 and 6 of the Act on Military Service and Reserves of the Armed Forces of El Salvador. The following is a description of the safeguards that the relevant Salvadoran authorities have adopted to ensure that the military service provided is legally voluntary:
- The 16-year-old minor must submit a written request to the Recruitment and Reserves Office or its subsidiary offices, unequivocally stating a desire to provide military service;
- Submission of the original birth certificate or minor's card;
- Document certifying knowledge of and consent to the request to provide military service from the minor's parents, guardian or legal representative, all in accordance with the provisions of title II on parental authority, article 206 et seq. of the Family Code;
- Acceptance of the request shall be subject to the needs for military service.

Declarations:

(1) Pursuant to article 2, paragraph 2 (a), the Republic of El Salvador declares that in the application of this Convention, the Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980, shall not be considered as having been included in the annex referred to in article 2, paragraph 1 (a), since El Salvador is not currently a State party thereto;
...
(3) pursuant to article 24, paragraph 2, the Republic of El Salvador declares that it does not consider itself bound by paragraph 1 of that article, because it does not recognize the compulsory jurisdiction of the International Court of Justice; and
(4) El Salvador accedes to this Convention on the understanding that such accession is without prejudice to any provisions thereof which may conflict with the principles expressed in its Constitution and domestic legal system.

Declaration:

... with regard to article 20, paragraph 2, the Republic of El Salvador declares that it does not consider itsel f bound by paragraph 1 of the said article because it does not recognize the compulsory jurisdiction of the International Court of Justice.

Declarations:

With respect to the provisions of article 15 of the Convention, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition.
With respect to article 22 of the Convention, the Government of the Republic of El Salvador, does not consider itself bound with the provisions of paragraph 1 of this article, since it doesn’t recognize the compulsory jurisdiction of the International Court of Justice.

Declarations:

The Government of the Republic of El Salvador does not consider itself bound by article 92, paragraph 1, of the Convention. With respect to articles 46, 47, 48 and 61, paragraph 4, governing exemption from import and export duties and taxes in respect of personal and household effects and the right to transfer earnings and savings, the Government of El Salvador wishes to make it clear that the exemption shall apply only after any taxes that the articles in question might incur have been paid. Moreover, the right of workers to transfer their earnings to their State of origin or State of habitual residence may be exercised without restriction, provided that the tax obligations arising in each particular case have been fulfilled. With regard to article 32, transfer of earnings and savings shall include amounts accumulated under retirement social security schemes, whether public or private. The Government of the Republic of El Salvador wishes to reiterate its respect for all universal and regional human rights principles and norms enshrined in international human rights instruments.
23 January 2015

Declaration under articles 76 and 77

... the Government of the Republic of El Salvador recognizes the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, to receive and consider communications to the effect that a State Party claims that another Party is not fulfilling its obligations, as well as communications from or on behalf of individuals subject to its jurisdiction, under articles 76 and 77, respectively, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Reservation:

The Government of the Republic of El Salvador accedes to the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty with an express reservation permitted to States under article 2 of the Protocol, which consists on the application of the death penalty in accordance with article 27 of the Constitution of the Republic of El Salvador, which reads as follows: ‘The death penalty may be imposed only in the cases provided by the military laws during an international state of war’.

Upon signature:

Upon ratification of the Convention, the Government of El Salvador will make the reservation provided for in article 29.
Upon ratification:

Reservation:
With reservation as to the application of the provision of article 29, paragraph 1.

Upon signature:

With the reservation permitted under article 16 (2) of the said Convention.
Upon ratification:

Reservation with respect to the application of the provisions of article 16, paragraph 1 of the Convention.

The State of El Salvador does not consider itself bound by paragraph 1 of article 13 of the Convention.

Reservation:

… the Government of the Republic of El Salvador declares that it does not consider itself bound by Article 52 of the Convention, concerning referral to the International Court of Justice.

Reservation:

... That its provisions mean that the competence of the Human Rights Committee is recognized solely to receive and consider communications from individuals solely and exclusively in those situations, events, cases, omissions and legal occurrences or acts the execution of which began after the date of deposit of the instrument of ratification, that is, those which took place three months after the date of the deposit, pursuant to article 9, paragraph 2, of the Protocol; the Committee being also without competence to examine communications and/or complaints which have been submitted to other procedures of international investigation or settlement.

Upon signature :

El Salvador signs the present Convention with the reservation that the expression "treatment as favourable as possible", referred to in those of its provisions to which reservations may be made, must not be understood to include the special treatment which has been or may be granted to the nationals of Spain, the Latin American countries in general, and in particular to the countries which constituted the United Provinces of Central America and now form the Organization of Central American States.