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2021 Salvadoran political crisis

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2021 Salvadoran political crisis
1M
Legislators of the Legislative Assembly applauding the removal of the magistrates of the Constitutional Chamber of the Supreme Court of Justice
Date1 May 2021; 5 years ago (2021-05-01)
Location
El Salvador
Caused byNuevas Ideas victory in the 2021 legislative election
Result
  • Removal and replacement of five primary and five alternate magistrates from the Constitutional Chamber of the Supreme Court
  • Removal and replacement of the Attorney General
Parties
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  • Legislative Assembly (opposition)
    • ARENATooltip Nationalist Republican Alliance
    • FMLNTooltip Farabundo Martí National Liberation Front
    • NTTooltip Nuestro Tiempo (El Salvador)
    • VTooltip Vamos (El Salvador)
Lead figures
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This article is part of
a series about
Nayib Bukele
Political offices
Elections
Media gallery

The 2021 Salvadoran political crisis, known in El Salvador as 1M,[1]: 89 occurred on 1 May 2021 when the Legislative Assembly of El Salvador, controlled by the Nuevas Ideas political party of President Nayib Bukele, voted to remove and replace all five primary and five alternate magistrates of the Constitutional Chamber of the Supreme Court of Justice[a] as well as the attorney general, Raúl Melara. The eleven removed officials had been opponents of Bukele's presidency and they were replaced by allies.

In El Salvador, supreme court magistrates and the attorney general are appointed by the Legislative Assembly. All members of the legislature, supreme court, and attorney general assumed office before Bukele in 2019 and clashed with him throughout the first two years of his presidency. Nuevas Ideas won the 2021 legislative election in a landslide. On the first day of the XIII Legislative Assembly, Nuevas Ideas and its allies—the Grand Alliance for National Unity, the National Coalition Party, and Christian Democratic Party—voted remove the magistrates and attorney general and replace them with Bukele's allies. The four parties combined held the supermajority necessary for the votes to pass. The opposition mostly voted against the removal of the supreme court justices; for Melara's removal, the opposition was split between voting against his removal and abstaining from voting.

Opposition legislators and media outlets referred to the removal and replacement of supreme court magistrates and the attorney general as a self-coup. The vote occurred one year after another political crisis when uniformed soldiers entered the Legislative Assembly during a vote to approve a loan for the Territorial Control Plan. Since the 1 May vote, several of Melara's investigations into Bukele's government were abandoned and the new magistrates of the Constitutional Chamber reinterpreted the constitution to allow Bukele to seek re-election in 2024.

Background

Nayib Bukele won the 2019 Salvadoran presidential election as a member of the Grand Alliance for National Unity (GANA).[3] He assumed office on 1 June 2019[4] but he lacked control of the Legislative Assembly which was led by a coalition consisting of the Nationalist Republican Alliance (ARENA), the National Coalition Party (PCN), and the Christian Democratic Party (PDC).[5]

In addition to not controlling the Legislative Assembly, Bukele did not control the Supreme Court of Justice[a] nor the Office of the Attorney General (FGR). Both supreme court magistrates and the attorney general are elected and appointed by the Legislative Assembly with no presidential input.[2]: 32 & 35 At the time Bukele assumed office, the Legislative Assembly had most recently selected the magistrates of the Supreme Court of Justice in November 2018 to serve until 2027;[6] it had most recently selected Attorney General Raúl Melara in December 2018 to serve until 2022.[7]

Prelude

During the first two years of Bukele's presidency, the Legislative Assembly, Supreme Court of Justice, and Melara all clashed with Bukele at various points. In February 2020, uniformed soldiers of the Salvadoran Army entered the meeting room of the Legislative Assembly after Bukele convened an extraordinary session to approve a US$109 million loan to finance his anti-crime Territorial Control Plan.[8] The Legislative Assembly condemned and investigated the incident,[9][10] while the Constitutional Chamber of the Supreme Court of Justice suspended all actions that derived from the extraordinary session[11] (which it later deemed to have been unconstitutionally convened by Bukele)[12]: 85 and ordered Bukele to not use the military in unconstitutional ways.[13]

During the COVID-19 pandemic in 2020, Bukele ordered the National Civil Police (PNC) to arrest people who had allegedly violated a national lockdown order. The Constitutional Chamber ruled that it was unconstitutional to arrest people who had allegedly violated the lockdown order and ordered his government to stop;[14] Bukele stated that he would not abide by the Constitutional Chamber's ruling.[15]: 10 In late 2020, Melara opened an investigation into Bukele's government's conduct during the pandemic and raided 20 government offices searching for evidence of mishandling pandemic funds.[16] Melara also opened investigations to determine if the government negotiated with gangs to lower the country's crime rate[17] and to determine if Bukele's brothers had engaged in corruption.[18]

Votes to remove and replace officials

On 28 February 2021, Bukele's political party—Nuevas Ideas—won 56 of the Legislative Assembly's 84 seats in a legislative election.[19]: 213 The XIII Legislative Assembly assumed office on 1 May 2021 and Ernesto Castro was elected as President of the Legislative Assembly. Nuevas Ideas became allies with GANA, the PCN, and the PDC; combined, they controlled a supermajority.[20]

Constitutional Chamber magistrates

Following the vote of Castro, the Legislative Assembly then voted to remove all five judges of the Constitutional Chamber which had opposed Bukele in the past, citing that they had previously "issued arbitrary decisions."[21] The vote ended with 64 in favor, 19 in opposition, and 1 abstention.[22] Elisa Rosales, a leader of Nuevas Ideas, stated that there was "clear evidence" that the judges had impeded government conduct and that they had to be removed to protect the public.[23] The judges who were removed were Óscar Armando Pineda Navas [es] (the President of the Supreme Court), Aldo Enrique Cáder, Carlos Sergio Avilés, Carlos Ernesto Sánchez, and Marina de Jesús Marenco.

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Vote to remove the magistrates of the Constitutional Chamber[24]
Party
Vote
 Nuevas Ideas Nationalist Republican Alliance Grand Alliance for National Unity Farabundo Martí National Liberation Front National Coalition Party Christian Democratic Party Nuestro Tiempo Vamos Total
NITooltip Nuevas Ideas ARENATooltip Nationalist Republican Alliance GANATooltip Grand Alliance for National Unity FMLNTooltip Farabundo Martí National Liberation Front PCNTooltip National Coalition Party (El Salvador) PDCTooltip Christian Democratic Party (El Salvador) NTTooltip Nuestro Tiempo (El Salvador) VTooltip Vamos (El Salvador)
Aye 56 – 5 – 2 1 – – 64
Nay – 14 – 3 – – 1 1 19
Abstain – – – – – – – – 0
Absent – – – 1 – – – – 1
Total 56 14 5 4 2 1 1 1 84

At the time of the vote, the magistrates were not at their offices. National Civil Police officers subsequently surrounded the Supreme Court of Justice building. They were instructed to prevent the removed magistrates from re-entering their offices and to allow the newly appointed magistrates to assume their positions.[15]: 12

Attorney general

A photograph of Raúl Melara
A photograph of Rodolfo Delgado
Raúl Melara (left), who was removed by the Legislative Assembly by a 64–7–11 vote, and Rodolfo Delgado (right), who replaced Melara

Later that same day, the Legislative Assembly also voted to remove Melara as Attorney General, and he later presented his resignation.[23][21] Rodolfo Delgado replaced Melara as attorney general on 2 May 2021.[25][26][27] Five new judges were appointed on 3 May 2021, all of whom were supporters of Bukele.[23][28] The new judges were Óscar Alberto López Jerez, who replaced Pineda Navas as President of the Supreme Court, Luis Javier Suárez Magaña, Héctor Nahúm García, José Ángel Pérez Chacón, and Elsy Dueñas Lovos,[29] and they were each given armed guards as personal bodyguards.[28]

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Vote to remove Attorney General Raúl Melara[30]
Party
Vote
 Nuevas Ideas Nationalist Republican Alliance Grand Alliance for National Unity Farabundo Martí National Liberation Front National Coalition Party Christian Democratic Party Nuestro Tiempo Vamos Total
NITooltip Nuevas Ideas ARENATooltip Nationalist Republican Alliance GANATooltip Grand Alliance for National Unity FMLNTooltip Farabundo Martí National Liberation Front PCNTooltip National Coalition Party (El Salvador) PDCTooltip Christian Democratic Party (El Salvador) NTTooltip Nuestro Tiempo (El Salvador) VTooltip Vamos (El Salvador)
Aye 56 – 5 – 2 1 – – 64
Nay – 3 – 3 – – 1 – 7
Abstain – 10 – 1 – – – – 11
Absent – 1 – – – – – 1 2
Total 56 14 5 4 2 1 1 1 84

Legality

After the vote to remove the Constitutional Chamber magistrates, the magistrates ruled that their removal was unconstitutional.[23]

According to the Due Process of Law Foundation, the removal of the Constitutional Chamber magistrates was unconstitutional. It cited Judgement of Unconstitutionality 19-2012, issued by the Constitutional Chamber in June 2012, that ruled that magistrates of the Constitutional Court may not be removed from office or reassigned to another chamber during their term. It also noted that were was no legal process to remove supreme court magistrates for disciplinary reasons. The Due Process of Law Foundation asserted that the Legislative Assembly "violated the Constitution and the rights recognized in international human rights treaties, specifically the irremovability of judges from office—which is inherent to the principle of judicial independence—and due process guarantees". The foundation also noted that the magistrates appointed to replace those who had been removed did not go through the approval process mandated by the constitution—involving interviews and merit evaluations—when appointing supreme court magistrates.[15]: 11–12

The Due Process of Law Foundation also asserted that the supreme court magistrates from the Civil, Criminal, and Administrative Chambers could have refused accept the replacement of the Constitutional Chamber's magistrates on the basis that their appointment was unconstitutional. The foundation noted that the remaining magistrates could have opposed the appointments by citing the Code of Judicial Ethics or they could have refused to sit alongside the appointed magistrates to prevent quorum from being met. Neither of these scenarios occurred.[15]: 12

Aftermath

The voting out of the judges and the Attorney General has been labeled as a coup,[31]: 125 a self-coup, a powerplay, and a power grab by several news outlets and the political opposition of El Salvador as it gave Bukele and Nuevas Ideas increased political power.[28][32][33][34] It has also been labeled as a "threat to democracy."[35]

Reactions

Domestic reactions

René Portillo Cuadra, a deputy from the Nationalist Republican Alliance (ARENA), stated, "What happened last night in the Legislative Assembly, with a majority that the people gave them through the vote, is a coup. Many of Bukele's supporters and followers, the Armed Forces of El Salvador, and the National Civil Police supported the actions of the Legislative Assembly.[21][28]

International reactions

Countries
International organizations

Several human rights groups have condemned the action and accused Bukele of allowing the political crisis to happen.[21][42] Juan Pappier, the Senior Americas researcher of Human Rights Watch, stated that Bukele had "dismantle[d] all the internal checks and balances on his power."[33] The Central American University (UCA) stated: "In this dark hour for our already weak democracy, the UCA calls for the defense of what was built after the war at the cost of so much effort and so many lives: a society where saying 'no' to power is not a fantasy."[22]

See also

Notes

  1. ^ a b The Supreme Court of Justice consists of four chambers: the Constitutional Chamber, the Civil Chamber, the Criminal Chamber, and the Administrative Chamber.[2]: 11

References

  1. ^ Landeros, Edgar Baltazar (2021). "El Populismo de Nayib Bukele" [Nayib Bukele's Populism]. Bicentenary of Central America: Common Histories, Fights, and Transformations (in Spanish). CLASCO: 77–108. doi:10.2307/j.ctv2v88f55.6. JSTOR j.ctv2v88f55.6. OCLC 10017283424.
  2. ^ a b Andrade, Laura & Chanchán, Vladimir (August 2019). "El Salvador's Justice System: Evaluating Capacity Building and Judicial Independence" (PDF). Washington Office on Latin America and Central American University. Retrieved 29 May 2026.
  3. ^ "El Salvador Election: Nayib Bukele Claims Presidency". BBC News. 4 February 2019. Retrieved 25 May 2026.
  4. ^ Nagovitch, Paola (6 June 2019). "Nayib Bukele's First Steps as El Salvador's President". Americas Society. Retrieved 25 May 2026.
  5. ^ Machua, Evelyn & Benítez, Beatriz (2 May 2018). "Quijano y Ponce Presidirán la Nueva Asamblea Legislativa" [Quijano and Ponce Will Preside Over the New Legislative Assembly]. La Prensa Gráfica (in Spanish). Archived from the original on 22 September 2019. Retrieved 25 May 2026.
  6. ^ Labrador, Gabriel (20 November 2018). "Cuatro Meses para Elegir una Sala de lo Constitucional Prudente" [Four Months to Elect a Prudent Constitutional Chamber]. El Faro (in Spanish). Retrieved 29 May 2026.
  7. ^ Rauda Zablah, Nelson; Cáceres, Gabriela & Labrador, Gabriel (21 December 2018). "Asamblea Elige a un Exasesor de Calleja como Nuevo Fiscal General" [Assembly Elects Former Calleja Advisor as New Attorney General]. El Faro (in Spanish). Retrieved 25 May 2026.
  8. ^ Lemus, Efren; Martínez, Óscar & Martínez, Carlos (11 March 2020). "La Historia Detrás del Día en que Bukele se Tomó la Asamblea Legislativa" [The Story Behind the Day that Bukele Took the Legislative Assembly]. El Faro (in Spanish). Retrieved 26 May 2026.
  9. ^ Henríquez, Azucena (15 December 2020). "Diputados Recomiendan al Presidente la Destitución del Director de la PNC y Ministro de Defensa" [Deputies Recommend that the President Remove the PNC Director and the Minister of Defense]. La Prensa Gráfica (in Spanish). Retrieved 26 May 2026.
  10. ^ Alas, Saraí (7 January 2021). "Partidos Comparan Ataque a Capitolio con el 9F de El Salvador, GANA Dice no Hay Comparación" [Parties Compare the Capitol Attack to El Salvador's 9F, GANA Says There Is No Comparison]. El Mundo (in Spanish). Archived from the original on 7 January 2021. Retrieved 9 February 2021.
  11. ^ Vivanco, José Miguel (14 February 2020). "President Bukele, Brute Force Is Not the Way Forward for El Salvador". Human Rights Watch. Retrieved 29 March 2021.
  12. ^ Landeros, Edgar Baltazar (2021). "El Populismo de Nayib Bukele" [Nayib Bukele's Populism]. Bicentenary of Central America: Common Histories, Fights, and Transformations (in Spanish). CLASCO: 77–108. doi:10.2307/j.ctv2v88f55.6. JSTOR j.ctv2v88f55.6. OCLC 10017283424.
  13. ^ "EE. UU. Considera "Inaceptable" Ingreso de Tropas al Congreso de El Salvador" [US Considers Entry of Troops to the Congress of El Salvador "Unacceptable"]. Deutsche Welle (in Spanish). 12 February 2020. Retrieved 9 February 2021.
  14. ^ Arias, Tatiana (27 May 2020). "Salvadoran Leader Says He Takes Hydroxychloroquine". CNN. Retrieved 29 May 2026.
  15. ^ a b c d "Muzzled Justice: The Capture of El Salvador's Justice System – Executive Summary" (PDF). Due Process of Law Foundation. 13 July 2022. Retrieved 29 May 2026.
  16. ^ Papadovassilakis, Alex (23 November 2020). "With Pandemic Raids, Bukele Government Faces Major Investigation in El Salvador". InSight Crime. Retrieved 30 May 2026.
  17. ^ "Fiscalía Salvadoreña Investigará Negociación entre Gobierno y Pandilla MS13" [Salvadoran Attorney General To Investigate Negotiations Between Government and MS-13 Gang]. La Vanguardia. San Salvador, El Salvador. 4 September 2020. Retrieved 30 May 2026.
  18. ^ Urbina, Javier (30 December 2021). "Fiscalía Investigó a Hermanos de Nayib Bukele" [Attorney General Investigated Nayib Bukele's Brothers]. La Prensa Gráfica (in Spanish). Archived from the original on 7 January 2022. Retrieved 30 May 2026.
  19. ^ Memoria Especial: Elecciones 2021 [Special Memory: 2021 Elections] (PDF) (in Spanish). San Salvador, El Salvador: Supreme Electoral Court. 2021. Retrieved 30 May 2026.
  20. ^ Velásquez, Eugenia (1 May 2021). "Ernesto Castro Será el Nuevo Presidente de la Asamblea para los Tres Años de la Legislatura" [Ernesto Castro Will be the New President of the Assembly for the Three Years of the Legislature]. El Diario de Hoy (in Spanish). Retrieved 11 May 2021.
  21. ^ a b c d e Sheridan, Mary Beth; Brigida, Anna-Catherine (10 May 2021). "Central American Leaders Resisting Biden's Anti-Corruption Efforts". The Washington Post. Archived from the original on 10 May 2021. Retrieved 17 May 2021.
  22. ^ a b c Aleman, Marcos (2 May 2021). "US Expresses Concern Over El Salvador Vote to Remove Judges". Associated Press. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  23. ^ a b c d e f g Pozzebon, Stefano (5 May 2021). "What to Know About the Political Drama Raising Fears Over El Salvador's Democracy". CNN. Retrieved 17 May 2021.
  24. ^ "Sesión de Instalación de la Nueva Asamblea Legislativa" [Session of the Installation of the New Legislative Assembly (1)]. YouTube (in Spanish). Legislative Assembly of El Salvador. 1 May 2021. Retrieved 20 May 2026.
  25. ^ Alvarado, Jimmy; Lazo, Roxana; Arauz, Sergio (May 2021). "Bukele's Legislative Assembly Ousts Supreme Court Magistrates and Attorney General". El Faro. Archived from the original on 5 April 2024. Retrieved 30 September 2023.
  26. ^ Rubio, Francisco (2 May 2021). "¿Quién es Rodolfo Delgado?, el Fiscal Nombrado por los Diputados Afines a Bukele" [Who is Rodolfo Delgado? The Attorney General Named by the Deputies Affiliated with Bukele]. El Diario de Hoy (in Spanish). Retrieved 28 September 2023.
  27. ^ Sosa, Ricardo (20 December 2021). "La Gestión del Fiscal Rodolfo Delgado en Datos" [The Term of Attorney General Rodolfo Delgado in Statistics]. Contra Punto (in Spanish). Retrieved 28 September 2023.
  28. ^ a b c d Bremmer, Ian (10 May 2021). "What Happens Next in El Salvador – And What It Means for the U.S. Border". TIME. Archived from the original on 14 May 2021. Retrieved 17 May 2021.
  29. ^ Hernández, William A. (3 May 2021). "Corte Plena se Instala con Abogados Impuestos por Bancada de Nuevas Ideas" [Full Court is Installed with Lawyers Imposed by the New Ideas Bench]. El Salvador.com (in Spanish). Archived from the original on 23 May 2021. Retrieved 22 May 2021.
  30. ^ "Sesión de Instalación de la Nueva Asamblea Legislativa" [Session of the Installation of the New Legislative Assembly (2)]. YouTube (in Spanish). Legislative Assembly of El Salvador. 1 May 2021. Retrieved 20 May 2026.
  31. ^ Alas Moreno, Nancy Eunice (6 March 2024). "Is Presidential Re-Election Really Allowed in El Salvador? Constitutional Analysis and Supreme Court Rulings". RELASP. 4 (8): 109–133. doi:10.35305/rr.v4i8.129. OCLC 10243767819. Retrieved 2 June 2026.
  32. ^ Finnegan, Connor (4 May 2021). "El Salvador's President Pushes Ahead with Power Grab Despite US Condemnation". ABC News. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  33. ^ a b c "Reaction: What Bukele's Power Grab Means for El Salvador". America's Quarterly. 3 May 2021. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  34. ^ "El Salvador Rights Groups Warn of "Coup" Against Judiciary Led by President Nayib Bukele". Democracy Now!. 4 May 2021. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  35. ^ Pérez, Orlando J.; Pestana, Randy (6 May 2021). "Threats to Democracy Increase as President Bukele Moves to Control El Salvador's Judiciary". The Global Americans. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  36. ^ Harris, Kamala (2 May 2021). "Kamala Harris on the Legislative Assembly". Twitter. Archived from the original on 17 May 2021. Retrieved 17 May 2021.
  37. ^ Blinken, Antony (2 May 2021). "Antony Blinken on the Removal of Raul Melara". Twitter. Archived from the original on 18 May 2021. Retrieved 17 May 2021.
  38. ^ "United States Announces Actions Against Seven Central American Officials for Undermining Democracy and Obstructing Investigations into Acts of Corruption".
  39. ^ McGovern, Jim (1 May 2021). "Jim McGovern on the Legislative Assembly". Twitter. Archived from the original on 16 May 2021. Retrieved 17 May 2021.
  40. ^ Borges, Julio (2 May 2021). "Julio Borges on Bukele". Twitter (in Spanish). Archived from the original on 20 May 2021. Retrieved 17 May 2021.
  41. ^ "Statement of the OAS General Secretariat on the Situation in El Salvador". OAS. 2 May 2021. Archived from the original on 3 May 2021. Retrieved 17 May 2021.
  42. ^ Fieser, Ezra; McDonald, Michael (2 May 2021). "El Salvador's Top Judges, Attorney General Ousted by Ruling Party". Bloomberg. Archived from the original on 17 May 2021. Retrieved 17 May 2021.

Further reading

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