EL SALVADOR: CONSTITUTION “À LA CARTE” COULD DEEPEN HUMAN RIGHTS CRISIS IN COMING YEARS

Article 248 originally established that any amendment to the Constitution had to be approved by two separate Legislative Assemblies. This method allows a longer period for considering changes and sets up better conditions for public debate and deliberation, which in turn gives the population a greater hand in decisions about public affairs. In practice, the original amendment method could foster public scrutiny about the changes in question, and give different sectors of society multiple chances to express their opinions and concerns

El Salvador’s human rights situation has deteriorated alarmingly over the last five years, especially in the area of civil and political rights. Against this backdrop and in response to the recent amendment of article 248 of the country’s Constitution, a change that limits people’s right to participate in future constitutional reform processes, Ana Piquer, Americas director at Amnesty International, said:

“It is troubling to think how the Constitutional amendment that was passed during the last session of the outgoing Legislative Assembly could undermine human rights in the future and limit people’s opportunities to participate in public affairs. This new method that the government wants to use to amend the Constitution is poised to drastically reduce space for debate and reflection and limit civic engagement in matters of public interest.

It is troubling to think how the Constitutional amendment that was passed during the last session of the outgoing Legislative Assembly could undermine human rights in the future and limit people’s opportunities to participate in public affairs.

Ana Piquer, Americas Director at Amnesty International

“Additionally, over the last three years the ruling party has leveraged its supermajority in the Legislative Assembly to erode the independence of the court system, weaken control and accountability mechanisms, systematically violate due process safeguards, and suspend for 26 straight months the rights that international standards require be protected under all circumstances.

“There is a legitimate fear that this amendment to the Constitution will open the door to other amendments that will eat away at El Salvador’s legal protections for human rights.”

Additional information

Article 248 originally established that any amendment to the Constitution had to be approved by two separate Legislative Assemblies. This method allows a longer period for considering changes and sets up better conditions for public debate and deliberation, which in turn gives the population a greater hand in decisions about public affairs. In practice, the original amendment method could foster public scrutiny about the changes in question, and give different sectors of society multiple chances to express their opinions and concerns.

The amendment approved on April 29 creates a second path for changing the Constitution. In this case a single legislature can make an amendment when three quarters of the Legislative Assembly are in favour of the change.

The new Legislative Assembly, which like the one before it is dominated by the ruling party, will be able to approve this new method. The large majorities in the legislature have already allowed it to fast-track changes to several other laws between May 2021 and April 2024. In some cases, these changes were sudden, without consultation, and with no opportunity for participation by civil society organizations, which often represent minority or marginalized groups.

For more information or to request an interview please contact press@amnesty.org