Ratification of this constitutional reform poses a worrying risk of further erosion of human rights in El Salvador. By removing the requirement for constitutional amendments to be approved by two separate legislative assemblies, the ruling party guarantees a fast-track path to constitutional change without due deliberation processes or public participation

The consolidation in El Salvador of a form of executive power without checks and balances is advancing rapidly. Ratification of the amendment of Article 248 of the country’s Constitution on 29 January 2025 constitutes a serious threat to the protection of human rights by drastically reducing space for debate and civic engagement in decisions of fundamental importance for the country. In this regard, Ana Piquer, Americas director at Amnesty International, stated:

“Ratification of this constitutional reform poses a worrying risk of further erosion of human rights in El Salvador. By removing the requirement for constitutional amendments to be approved by two separate legislative assemblies, the ruling party guarantees a fast-track path to constitutional change without due deliberation processes or public participation. In a context where the independence of the judiciary and the right to a fair trial have been systematically eroded, this measure could pave the way for the implementation of reforms that further undermine the human rights of the population.”

“Ratification of this constitutional reform poses a worrying risk of further erosion of human rights in El Salvador. (…) In a context where the independence of the judiciary and the right to a fair trial have been systematically eroded, this measure could pave the way for the implementation of reforms that further undermine the human rights of the population”

-Ana Piquer, Americas director at Amnesty International

From May 2021, with its absolute control over the legislative branch of government, the ruling party has pushed through legal reforms that have weakened access to justice, removed accountability mechanisms and suspended human rights for over 1000 days, such as the right to a fair trial and other guarantees of due process, under a state of emergency that included disproportionate measures and a series of criminal reforms that have resulted in the arbitrary detention of more than 84 000 persons.

The removal of the requirement of two legislatures to reform the Constitution excludes the population from key processes in the formulation of the country’s legal framework and other measures that affect them. This amendment opens the way for future reforms that could continue to violate human rights and facilitates structural changes that could perpetuate impunity.

“Constitutional reform must be based on broad consensus and guarantee control mechanisms that allow the people to exercise their right to meaningful participation in public affairs. This reform creates the conditions for future amendments to respond only to the interests of those in power, without a rigorous and broad debate and without any consideration for the rights of the population,” added Piquer.

“Constitutional reform must be based on broad consensus and guarantee control mechanisms that allow the people to exercise their right to meaningful participation in public affairs. This reform creates the conditions for future amendments to respond only to the interests of those in power, without a rigorous and broad debate and without any consideration for the rights of the population”

-Ana Piquer, Americas director at Amnesty International

In view of this scenario, it is crucial that the international community continues to monitor the situation in El Salvador and demands that the Salvadoran state refrain from taking any measures that could jeopardize the human rights of the population or undermine the institutions that are responsible for guaranteeing and protecting these rights.

See also: El Salvador: Constitution “à la carte” could deepen human rights crisis in coming years.