El Salvador: They study reforms to give representation to the diaspora and change the designation in the Supreme Electoral Tribunal

Yerandi Santana
5 Min Read

The Political Commission of the Legislative Assembly of El Salvador began the analysis of the Constitutional Reform Agreements Number Seven and Eight, approved in the plenary session of April 29, aimed at ratifying changes in article 79 and in paragraphs 1 and 3 of article 208 of the Constitution. The debate is aimed at guaranteeing legislative representation for Salvadorans abroad and modifying the process of electing magistrates of the Supreme Electoral Tribunal (TSE).

The first agreement, relating to article 79, proposes that Salvadorans residing outside the country elect their own representatives to the Legislative Assembly.

The electoral district for the diaspora will be determined based on the Electoral Registry and not on the proportion of nationals abroad. Ernesto Castro, president of the Political Commission, highlighted that this reform will allow the diaspora to have a representation equivalent to that of the fourteen departments of the country: “Their vote was previously assigned to the department of San Salvador; but now our brothers abroad will vote directly for their representatives”.

The total number of seats in the Assembly will remain at 60, which guarantees that the integration of the legislative body will not be altered. The deputies explained that the reform responds to the increase in the participation of Salvadorans abroad, a figure that went from about five thousand voters in previous elections to more than three hundred thousand in the last elections.

Analysts maintain that the eventual approval of these modifications could redefine the rules of the political game and raise repercussions on citizens’ trust in the democratic system (Photo courtesy Legislative Assembly) The Constitutional Reform Agreement Number Eight corresponds to clauses 1° and 3° of article 208 and seeks to modify the integration of the TSE to reduce the incidence of political parties in the selection of its magistrates. Currently, the Tribunal is composed of five principal magistrates: three proposed by the parties with the most votes in the last presidential elections and two by the Supreme Court of Justice (CSJ).

According to the reform, starting with the 2027 election, the five magistrates will be appointed by the Legislative Assembly: three through a public and general process, and two at the proposal of the CSJ. All must meet the requirements to be magistrates of the Supreme Court of Justice and may not have party affiliation. The president magistrate will be selected by the Assembly, eliminating the prerogative of the party with the most votes to propose him.

Castro stated that the new mechanism is aimed at “depoliticizing the Supreme Electoral Tribunal,” a demand expressed by sectors of civil society and the political opposition for years: “We believe that we must depoliticize the Supreme Electoral Tribunal”. The ratification of these reforms requires the support of three-quarters of the deputies, that is, 45 votes in the same legislative period, in accordance with Article 248 of the Constitution. The Political Commission announced that the study of the agreements will continue on Monday, May 4 at 2:00 PM, with the presence of the Vice Minister of Foreign Affairs, Adriana María Mira, and delegates from the National Registry of Natural Persons (RNPN) and the TSE. ADVERTISEMENTThe opening of the parliamentary debate on the inclusion of voters abroad and the depoliticization of the highest electoral body anticipates renewed scenarios for governability and civic trust (File photo, courtesy TSE) During the session, it was proposed to invite experts in electoral systems and representatives of international organizations, such as the OAS, to deepen the debate. Congresswoman Raquel Serrano stated that the analysis contemplates the participation of technical voices and electoral observer organizations. The reform to Article 79 aims to provide certainty in the distribution of votes cast from abroad. In turn, the modification of Article 208 aims to strengthen the legitimacy of the TSE and ensure independent and transparent electoral processes. The Political Commission left the session open to give space to new assessments and testimonies before submitting an opinion to the legislative plenary.
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