El Salvador's Foreign Agents Law: A Chilling Blow to Civil Society and Press Freedom

The recent declaration of unconstitutionality of El Salvador's Foreign Agents Law (LAEX) in July 2025 has done little to mitigate the damage already inflicted on civil society organizations and the media. The law, which imposed a 30% tax on international cooperation funds and granted the government sweeping powers to revoke the legal status of organizations receiving foreign financing, has left a lasting impact on the operational capacity and sustainability of key entities dedicated to human rights and press freedom, such as the Asociación de Periodistas de El Salvador (APES).

The LAEX defined "foreign agents" broadly, encompassing any individual or organization that responded to, was controlled by, or financed directly or indirectly by a foreign principal. This vague and expansive definition allowed the government to target organizations that received international funding, imposing a 30% tax on their funds and subjecting them to extensive oversight. The law's provisions were designed to stifle the activities of organizations that criticized the government, effectively silencing dissent and undermining the independence of the media.

The APES, a critical voice in the defense of press freedom and human rights in El Salvador, has been directly affected by these policies. In a recent statement, the APES announced that it had been forced to suspend its projects funded by international cooperation due to the onerous and arbitrary conditions imposed by the LAEX. The organization detailed that over the past 90 days, it had been compelled to liquidate and close its projects, effectively shutting down its operations until further notice. This drastic reduction in the APES's operational capacity has weakened the primary system of support for the registration of press aggressions, legal accompaniment, and the defense of labor rights within the journalism sector, further exacerbating an already adverse environment.

The Federation Internationale des Periodistes (FIP) has vehemently condemned the use of legal mechanisms like the LAEX to undermine the independence and sustainability of social organizations, media outlets, and labor unions. The FIP reiterated its unwavering solidarity with the APES and all Salvadoran journalists, urging the authorities to cease all administrative harassment and obstacles against press workers and their sources of employment. The FIP emphasized that legislative persecution is as dangerous to democracy as direct censorship, highlighting the urgent need for international intervention to protect the rights of journalists and civil society organizations in El Salvador.

The long-term implications of the LAEX are profound. The 30% tax on international cooperation funds has created a financial burden that threatens the viability of NGOs and media outlets, forcing many to reduce their operations or shut down entirely. This financial strain, combined with the government's discretionary powers to impose sanctions and revoke legal status, has created an environment of fear and uncertainty, where organizations must navigate a labyrinth of arbitrary regulations to continue their work.

The LAEX's impact on press freedom is particularly alarming. Journalists in El Salvador, already operating in a climate of intimidation and violence, now face the additional threat of being labeled as "foreign agents" and subjected to heavy taxation and legal scrutiny. This has led to a chilling effect, where journalists self-censor to avoid government retaliation, further eroding the independence and integrity of the media.

The international community has expressed serious concerns about the LAEX, with organizations like the Office of the United Nations High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) warning that the law could stigmatize and negatively impact the important human rights work carried out by civil society organizations in El Salvador. The European Union (EU) has also condemned the law, stating that it runs counter to El Salvador's obligations under the International Covenant on Civil and Political Rights and risks undermining development and cooperation.

The LAEX is not an isolated incident but part of a broader trend of authoritarianism in El Salvador, where the government has systematically weakened democratic institutions and dismantled checks and balances. The law's vague language and broad definitions have been used to target and neutralize independent organizations and media outlets, creating a climate of fear and self-censorship. This has had a chilling effect on civil society, where organizations are forced to navigate a complex web of regulations and face the constant threat of government retaliation.

The LAEX's impact on civil society and press freedom in El Salvador serves as a stark reminder of the dangers of authoritarianism and the importance of protecting democratic institutions. The international community must continue to monitor the situation in El Salvador and take decisive action to support civil society organizations and the media in their struggle for freedom and democracy. The world must choose: cooperation or collapse.