RIO DE JANEIRO, BRAZIL – El Salvador is entering a political crisis due to the possible existence of two Constitutional Chambers in the Supreme Court of Justice (CSJ) after the nation’s Congress voted to replace several magistrates, in a measure strongly criticized by Washington and pointed out as a “coup d’état” by social organizations.
On one hand, the Legislative Assembly, which took office on Saturday with a large pro-government majority, voted to remove the five Chamber magistrates and their alternates. On the other hand, the Chamber itself declared unconstitutional the legislative measure promoted by the government and supported by President Nayib Bukele.
The possible legal entanglement of both opposing positions is not yet clear in the country.
Bukele’s Executive and the Legislative Assembly recognize five lawyers who were voted and sworn in as new constitutional chamber magistrates. Nonetheless, the Constitutional Chamber pointed out that these decisions go against the “republican form of government” as stated in the Magna Carta.
WASHINGTON CALLS ATTENTION
The U.S. Secretary of State, Antony Blinken, spoke with Bukele and expressed his ‘deep concern’ for the decision of the Legislative Assembly to remove the judges and the Attorney General, Raúl Melara, from their posts. Blinken pointed out that an independent Judiciary is essential for democratic governance.
He also affirmed that Raúl Melara is fighting corruption and impunity and ‘is an effective partner’ in fighting crime ‘both in the United States and in El Salvador,’ according to a statement.
Blinken highlighted the commitment of the United States to improve conditions in El Salvador by strengthening democratic institutions, the separation of powers, and the defense of a free press.
Relations between El Salvador and the United States are not their best since Donald Trump, whom Bukele considered ‘nice and cool’, left the US presidency.
In fact, Bukele did not receive Biden’s special envoy to the Northern Triangle of Central America, Ricardo Zúñiga, in a visit he made at the beginning of April. He asked to meet with the Salvadoran head of state.
BUKELE IN NETWORKS
On Saturday, the Salvadoran president said in his social networks to the international community that “we are cleaning house” and that “this is none of your business”.
This Sunday afternoon, without making direct reference to anyone, he sent a ‘message to the people’ of the ‘political leaders’ who question the decision of the Legislative Assembly.
CHINESE UP THEIR SLEEVE?
Relations between El Salvador and the United States, in addition to the geographic proximity, are marked by the economic exchange and the interests of almost three million Salvadorans living in the USA, who in 2020 sent more than US$5 billion back to El Salvador in remittances.
Mauricio Méndez, the representative of the Corporation of Exporters of El Salvador, expressed the fear that the Salvadoran political context will affect trade relations between the two countries.
This type of political instability generates a lot of uncertainty in the export sector and investors, adding that with this political movement, it would seem that the rules will change overnight, which is not good for the country’s economy.
He did not rule out that if the commercial exchange with the United States were to fall, China would be sought to replace that activity.
NGOS AND BUSINESSMEN DO NOT RECOGNIZE THE NEW COURT
More than twenty Salvadoran social organizations and business associations denounced the “usurpation” of the Constitutional Chamber. They did not recognize the lawyers elected by the Legislative Assembly to occupy the positions of magistrates.
According to Zaira Navas, lawyer for the human rights organization Cristosal, the magistrates that should be recognized are the ones that the Legislative Assembly “tried to dismiss”.
The dismissal is not legal, it is unconstitutional, she pointed out and added that the full Supreme Court should only recognize the constitutionally elected magistrates.
Salvadoran legislation establishes that the Constitutional Chamber resolves conflicts between the Government and Congress, but given the current situation, the path is not clear.
One of the options given by the lawyers of the organizations is that the full Supreme Court refuse to recognize the five lawyers appointed on Saturday night by the Assembly. However, they admit that there will not be duplicity of constitutional chambers, as Jose Marinero, president of the foundation Democracy, Transparency, Justice (TPJ), said.
PROTEST FROM SOCIAL NETWORKS
At least 200 people, mostly young people and women, protested this Sunday in San Salvador against Congress and President Bukele.
These people, including students, feminists, and people from the LGTBI community, gathered at the monument to the Constitution to question how the dismissals were given and accuse the president of authoritarianism.
“What we are fighting for is not for any magistrate or prosecutor. We are fighting for a separation of powers because there can’t be a concentration of power and arbitrary decision-making,” said one of the demonstrators to the press, who asked not to be identified for his safety.