The Government System of El Salvador

El Salvador is a country located in Central America, a strip of land between the North and South American continents, the small country is bordered with Honduras and Guatemala and has a coast along the Pacific Ocean. The capital city of San Salvador is located close to the country’s centre.

The area that is El Salvador was controlled by a number of Mesoamerican nations such as the Lenca, early Mayans and Cuzcatlecs and such nations/peoples controlled the area until the Spanish conquered the area in the early 16th Century and made it part of the huge Viceroyalty of New Spain within the Captaincy General of Guatemala or Kingdom of Guatemala (which included Costa Rica, Honduras, Nicaragua, Guatemala and part of Mexico) under the Spanish Empire.

In the early 1800s movements for independence would begin due to many factors such as elites wanting self-rule and the weakening of Spain due to the Napoleonic Wars, several insurrections took place and was eventually successful in 1821 where all territories under the Captaincy General of Guatemala got independence and together with Guatemala, Costa Rica, Honduras and Nicaragua they formed the Federal Republic of Central America but the nation would soon vote to join the First Mexican Empire in 1822, although El Salvador was against it and the Mexican army attempted to suppress such dissent but internal problems within the Empire led to the army withdrawing within a year.

After the armed forces left in 1823 the remaining provinces rejected the vote to join the First Mexican Empire and the Federal Republic of Central America would continue on independent until infighting and civil war led to its breakup in 1841 and El Salvador became an independent republic until in 1896 it joined up with Honduras and Nicaragua to form the Greater Republic of Central America, which was short-lived as a coup in El Salvador in 1898 led to the union’s collapse and El Salvador was once again independent.

Over the years the country went through a number of authoritarian leaders, humanitarian turmoil, coups and attempts at establishments of democracy and also a devastating revolution that became a proxy war within the greater Cold War. Currently the country is a democratic republic.

The largest religion is Roman Catholic and the official language is Spanish and the country’s currency is the US Dollar, although the country’s former currency, the Salvadoran Colón, is still legal tender in the country. The country’s population, which has greatly slowed in growth over the last few decades, is estimated to reach 6,481,102 by July 2020.

Government Type

El Salvador is a Presidential representative republic where there is a President who is both Head of State and Head of Government and there is a unicameral chamber called the Legislative Assembly that makes up the legislative government. Multiple parties are allowed. 

The Executive Government

As said the President is both Head of State and Head of Government and so has a number of powers at their disposal.

The President is part of the Executive Organ along with the Vice-President, Ministers of State and Vice-Ministers of State.

Presidential Absence

If the President is definitively incapacitated or deceased then the Vice-President will take the position or if they are also permanently absent a designate in order of nomination will instead and if none of those are able then the Legislative Assembly will elect a new designate.

If the President’s incapacity lasts longer than 6-months then the designate or Vice-President shall complete the presidential period.

Presidential Duties

The President is the commander-in-chief of the country’s armed forces. The President organizes, leads and maintains the Armed Forces, confers military degrees, and commands the stationing, duty or discharge of the Officers.

The President can deploy the Armed Forces to defend the State’s sovereignty and territorial integrity. Under exceptional emergency circumstances such as if the regular means for maintaining internal peace and public order have been exhausted, the president can activate the Armed Forces to bring order. Such an activation is limited to the time and order needed to re-establish order and the President must keep the Legislative Assembly informed on these activities and the Assembly can arrange to stop the exceptional means at any time. Afterwards the President must present a detailed report to the Legislative Assembly.

Organize, lead and maintain the National Police Forces and State Intelligence Agency.

The President observes and enforces the constitution, laws, treaties etc. The President makes international treaties and conventions and submits them to the Legislative Assembly for approval. The President also directs foreign relations.

The President presents through his/her ministers to the Legislative Assembly the work report of the administration annually. The Minister of the Treasury also presents the general account of the last budget within 3-months after the fiscal year to the Legislative Assembly. If these fail to be completed the Ministers responsible are removed from office.

The President sanctions, promulgates and publishes laws passed by the Legislative Assembly but can also choose to veto them.

The President can commute sentences based on a prior report and favorable judgement of the Supreme Court of Justice.

The Administration

There are Offices of Secretaries of the State, among which the various Branches of the administration are distributed and each office is under the direction of a Minister who act with one or more Vice Ministers. The National Defense and Public Security are assigned to different ministries. Ministers and Vice Ministers must be over 25-years-old and other requirements are the same as that of President of the Republic.

The President of the Republic appoints and removes and can grant leave to Ministers and Vice Ministers of the State and of the Chief of Public Security and of the State Intelligence. The Ministers and Vice Ministers act on the decrees, agreements, orders, and rulings of the President of the Republic within their respective branches.

There is a Council of Ministers integrated by the President of the Republic, Vice-President of the Republic and the Ministers of State or those who take their place. The Council of Ministers elaborate the general plan of the Government; elaborate the projected Budget and present it to the Legislative Assembly for approval; propose suspension of constitutional guarantees due to exceptional emergency to the Legislative Assembly for approval; convoke an extraordinary meeting of the Legislative Assembly when interests of the public demand it and to take cognizance and to decide on all affairs presented to by the President of the Republic for consideration.

The President of the Republic, Vice-President of the Republic, Ministers and Vice-Ministers are all jointly responsible for their actions within the administration, even if they voted for such things that are adopted or not. Collective resignation of the Cabinet is expected in such situations that has led to lack of confidence in the administration due to its actions.

Emergency Provisions

The constitution gives right of insurrection to the people if the government or officials are violating the constitution in a continuous and blatant manner and if such government or officials attempt to deviate away from constitutional rights or if the President attempts to violate term limits. Article 87/88.

The Legislative Government

Duties and Structure

The Legislative Assembly makes up the legislative government and its main job is to have legislation introduced to it and to have it debated, amended and passed or rejected. The Legislative Assembly also decree taxes, can declare war or public disaster in case of invasion or war/peace on reports from the Executive. The Assembly also approves or rejects international treaties or pacts put together by the Executive. Decree and reform the Budget. Approves or disapproves the work report of the Executive and also receives various work reports of public/judicial officials and institutions. Can grant amnesty for political or common crimes or pardons upon a favorable report from the Supreme Court of Justice.

Give permission or refusal for foreign forces to move through the country’s territory as well as the stationing of foreign ships or airships used for war for longer periods than established in international treaties.

The Assembly elects a number of positions such as the President and Magistrates of the Supreme Court, President and Magistrates of the Supreme Electoral Tribunal, President and Magistrates of the Court of Accounts of the Republic, the Attorney General of the Republic, Procurator-General of the Republic, the Procurator for the Defense of Human Rights and the members of the National Council of the Judiciary, which along with the Bar Association, suggests the Presidents and Magistrates of the Judicial Organ to be elected.

If the Legislative Assembly suspects physical or mental incapacity of the President of the Republic or the Vice-President of the Republic or other functionaries elected by the Assembly then they shall elect a Judgement Commission of five physicians and if they unanimously decide such official has a mental or physical incapacity then the Assembly can declare such via a two-thirds majority vote leading to their removal from office.

The Legislative Assembly can establish special commissions to investigate matters of public interest and adopt the agreements and/or recommendations that are necessary based on the commission’s report. The Legislative Assembly can question government members and public officials. The Assembly can also recommend to the President of the Republic to dismiss Ministers of State; corresponding organs or functionaries of Autonomous Institutions, based on the result of a special commissions investigation or interpellation. The President is bind on a resolution from the Assembly to remove a head of public security or of the intelligence department of the state if it involves grave violations of human rights.

The Assembly gives permission for the President of the Republic to leave the National territory.

Under emergency situations the Legislative Assembly can suspend and at some point, (re-establish) certain constitutional rights/guarantees in agreement with Article 29, via a two-thirds majority vote.

The Legislative Assembly currently has 84 members and the number of members a constituency returns are based on population size. Members can lose their seats if they are convicted of serious crimes in a definitive sentence or if they violate prohibitions under Article 128. Members of the legislative Assembly can be made members of government or sent on diplomatic missions but must cease being a member of the chamber during that time where a substitute will hold their seat.

Legislation Introduction and Approval

Legislation can be introduced to the Legislative Assembly by its own members or by the President of the Republic through his/her Ministers. The Supreme Court of Justice can introduce legislation to do with matters of the Judicial Organ and Municipal Councils can introduce legislation on matters of municipal taxes. The Central American Parliament, a regional organization of Central American states can also introduce legislation through El Salvador’s Deputies conforming it, to do with integration of the Central American isthmus, in accordance with Article 89.

Bills that are passed by Parliament are transferred to the President of the Republic for approval. The President can veto a bill and send it back to the Legislative Assembly who shall reconsider it, if they pass it again unchanged with a two-thirds majority then the President of the Republic must approve it, unless the President believes it is unconstitutional when then the Supreme Court of Justice will make a final decision.

If the President of the Republic fails to approve laws in the specified time period then the President of the Legislative Assembly shall do so instead.

The Electoral System

Legislative elections take place every 3-years. Members are elected from multi-seat constituencies containing 3-16 members dependent of population, including a single nationwide constituency that elects 20 members, all elected via proportional representation system where parties reaching a certain threshold of votes in a constituency are guaranteed seats.  

To be a candidate for the Legislative Assembly one must be Salvadoran by birth, be over 25-years-old and to be of good integrity and education and to have not lost citizenship in the preceding 5-years and that they do not meet any disqualifications under article 127.  

Presidential elections happen every 5-years and the Vice-President is elected on the same ticket. Elections use a two-round system where a candidate require an absolute majority to win in the first round otherwise a 2^nd round is held between the top two candidates which is won by simple majority. Those elected can serve one term and then must step aside for a term but can run again after such time.  

Those who are made President of the Republic must be a Salvadoran citizen from birth; be a layman, over 30-years-old, of well-known morality and instruction, to be in exercise of rights of citizenship and to have been so 6-years preceding and to be affiliated with a legally recongised political party and that they do not meet disqualifications under article 152. All this also counts for the Vice-President and designates.

Sources

My sources are from the country’s 1983 constitution with amendments through to 2014 (constituteproject.org) and so should be as accurate as possible but of course I may have missed things or misinterpreted stuff and also the constitution can be changed as well and so this post may eventually become outdated and so cross-research is important if using this in a serious capacity. Some information such as on election procedure, constitutional amendment procedure and population from the CIA World Factbook El Salvador entry.    

Proposals to amend the constitution must be agreed to by an absolute majority of the members of the Legislative Assembly and then adopted by a two-thirds majority vote of those same members.

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Next up will be the government system of Equatorial Guinea.

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