El Salvador: Special and Transitory Provisions for the Suspension of Public or Private Rallies and Events

July, 2021 - Antiguo Cuscatlán, El Salvador

LEGISLATIVE DECREE N°90: On July 13th, 2021, the Salvadoran Congress approved and on the same date published on the Salvadoran Official Gazette the “Special and Transitory Provisions for the Suspension of Public or Private Rallies and Events”, because of the identification of new variants of SARS-CoV-2 that increase the viral transmissibility, which can cause severe disease even in people who have been previously infected. Likewise, having evidenced through Public Health recommendations that high concentrations of people and non-compliance with biosecurity measures have led to an increase in confirmed cases.

The Decree enters into force on July 13th, 2021, and its effects will end after 90 days, until October 13th, 2021.

Below is a summary of the measures adopted by Legislative Decree No. 90:

The suspension of all gatherings of people in public or private events is ordered, and in this sense, a specific list is established: concerts, rallies, sporting events open to the public or celebrations of patron saint festivals, being consequently, revoked the authorizations that were issued in due time for such activities. In all those gatherings of people not mentioned above, the use of face masks is mandatory.
The process of vaccination against COVID-19 is declared to be of national interest, as well as the promotion so that more people can receive their complete vaccination schedule.
It is established that the provisions contained in this Decree are of public order and are declared to be of social interest. Therefore, they will prevail over any other provisions that contradict them. Likewise, they are provisions that, due to their special nature, shall prevail over any other that may be contrary to them.
Any natural or legal person, public or private, shall comply with this law, and in the event of non-compliance, the Office of the Attorney General of the Republic shall act ex officio.
Any natural or legal person, public or private, who fails to comply with the measures, whether by calling, promoting or organizing gatherings of people, shall incur a fine of twenty (20) to one hundred (100) urban minimum wages for the commerce and services sector, without prejudice to the infractions determined in the Health Code, and the corresponding administrative sanctioning process shall be initiated, including the possibility of ordering the closure of the establishment while the decree is in force.
Depending on the case, the offender will incur in the crime of disobedience of private individuals and will be sanctioned in accordance with the provisions of the Penal Code.
The different government institutions are obliged to exercise the relevant surveillance and supervision to ensure compliance with the provisions and, where appropriate, certify the relevant information to the competent institutions.