Catching up on El Salvador

President Funes has been busy lately as his administration just completed its first two years in office. Obviously, the big story revolves around the legislation passed by the PCN, PDC, ARENA, GANA, and President Funes. Voices on the Border, Tim, and Boz have some good posts on the developments. I'm not going to repeat them here since I am a little late getting around to the story. Here are links though:

Constitutional Conflict in El Salvador (Tim June 6)

Broad Opposition to Decree 743 (Tim June 8)

 Salvadorans Protest the Government’s Actions Against Constitutional Court (Voices June 6)

Institutional Coup in El Salvador (Voices June 4)

El Salvador Law Weakens Supreme Court I and II (Boz)

I think most are rightfully critical of Funes, the PCN, PDC, ARENA, and GANA for pushing this legislation that would handicap the court. The unanimity rule would last until several of the judges' terms expire in 2012. However, does anyone want to make the argument that the constitutional court has been too activist in its overturning of legislation passed by the assembly and the president? Here's Voices on the Borders' overview of everyone the court has ticked off in the last two years.

Since becoming magistrates in 2009, Belarmino Jaime, Florentín Meléndez, Rodolfo González y Sidney Blanco have chosen strategic cases to strengthen national institutions and target corruption within government agencies. Over the past two years, the four magistrates have passed down some very important decisions, while the fifth magistrate, Nelson Castaneda, has mostly abstained from votes. In one example, the Court condemned a law that reallocated funds left over from the general budget to the President’s discretionary account.  They also declared as unconstitutional the practice of limiting voters to elect only a political party and then allowing the party leadership to select the people who would fill legislative or other representative seats. In a related issue, the Constitutional Court struck down a ban on independent candidates, weakening the power that political parties have over the electoral process. Members of the Constitutional Court also declared unconstitutional the absolute control that the Attorney General’s Office has over what cases are investigated and prosecuted. The decision that caused the greatest controversy in recent weeks was their declaration against the 2005 reforms that allowed the PCN and PDC parties to continue participating in elections despite their in ability to secure the number of votes necessary to be put on the ballot or have representation on the Supreme Electoral Court.

They've interjected themselves into the executive branch's operations, party leaders' control over candidates, the Attorney General's Office, and the past and future existence of the PCN and PDC.

There was also concern that the court rule the country's free trade agreement with the United States unconstitutional. There's also the issue of whether to arrest and extradite military officers sought in Spain for the murder of six Jesuits at the UCA. Finally, there's the possibility that the court might invalidate the 1993 amnesty. In trying to assert its equal power, the Court has thrown out several key pieces of legislation passed by those members of congress elected to represent them.

Is it all about the amnesty law? Obviously, ARENA doesn't want to see the amnesty repealed as members of their party, including Cristiani, benefit with it in place. We also know that Funes has publicly stated that he isn't interested in pushing to have the law repealed.

Does the FMLN want the amnesty repealed? I'd venture to guess that many rank and file FMLN want the law repealed as do victims and those in the international solidarity movement. However, I doubt that the FMLN leadership wants it repealed. I imagine that Vice President Sanchez Ceren and members of the executive and legislative branches wouldn't mind seeing the law repealed as long as they are not investigated and tried for crimes committed during the civil war. Remember most of the FMLN leadership fought in the 1980s and while they did not commit atrocities along the lines of what the military and death squads did, that doesn't mean that they did not do things that are prosecutable. Are they willing to risk the present and future to repeal the law?


In recent years, both the left and right have been concerned about repealing the amnesty. You can take a look at these Wikileaks cable on GOES Concerned Romero Case at IACHR Would Undermine Amnesty: Considers withdrawal from Human Rights and Salvadorans discuss Cristiani Case in Madrid. I'm not certain that they are.