INSIGHTi
El Salvador: Authoritarian Actions Threaten
Democracy
May 6, 2021
On May 1-2, 2021, the newly seated National Assembly of El Salvador, now dominated by President
Nayib Bukele’s New Ideas party, dismissed the five magistrates on the Constitutional Chamber of the
Supreme Court and the attorney general and replaced them with al ies of the president. Since taking office
in 2019, Bukele has capitalized on the traditional parties’ unpopularity to concentrate power in the
executive. Some observers contend the recent dismissals occurred in retaliation for the attorney general’s
investigations of corruption in Bukele’s Cabinet and court rulings that Bukele violated the constitution by
ruling by decree during the Coronavirus Disease 2019 (COVID-19) pandemic.
Biden Administration officials and some Members of Congress have expressed concerns about democracy
in El Salvador, which is located in the “Northern Triangle” region of Central America that is a primary
source of unauthorized migration to the United States. Secretary of State Antony Blinken cal ed President
Bukele to express “grave concern” about the dismissals. Vice President Kamala Harris tweeted that the
United States has “deep concerns about El Salvador’s democracy.” Some Members of Congress have
cal ed on the Administration to consider policy responses ranging from fostering dialogue in El Salvador
to conditioning international financing for the country on the Salvadoran government’s respect for
democratic norms.
Bukele Administration and Democratic Backsliding
On June 1, 2019, Nayib Bukele, a businessperson and former mayor of San Salvador, took office for a
five-year presidential term after winning a first-round victory as an outsider standing for the Grand
Al iance for National Unity (GANA) party. His newly formed New Ideas party had not yet qualified to
field candidates. Born in 1981, Bukele is the first president to come of age political y after the 1980-1992
civil conflict and the first presidential candidate in 30 years to win without support from either the
conservative National Republic Al iance (ARENA) party or the leftist Farabundo Martí National
Liberation Front (FMLN) party.
Bukele has governed as a populist, using social media to communicate with supporters, make policy
declarations, purge officials, and attack opponents and journalists critical of his policies. Through 2020,
Bukele battled with the legislature (where GANA held 11 of 84 seats) and the Supreme Court over funds
he sought for his security plan and his aggressive enforcement of a pandemic quarantine. In February
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2020, Bukele ordered the military to surround the legislature in an effort to intimidate legislators into
approving an anti-crime bil . He ignored and criticized Supreme Court rulings for him to respect
constitutional rights and legislative decisions during the pandemic. Although Bukele remained popular,
critics warned about his authoritarian tendencies and possible ties to organized crime, particularly after he
solidified power over the legislature. In February 2021, New Ideas and its al ies won a supermajority in
parliamentary elections
Since Bukele took office, the Committee to Protect Journalists has spoken out regarding threats against
media outlets. Freedom House also has downgraded El Salvador from free to partly free in its annual
assessment of political rights and civil liberties.
May 2021: Legislature Dismisses Supreme Court Judges and Attorney General
On May 1, 2021, the National Assembly deputies elected in February 2021 took office. Unlike the
outgoing legislature, in which ARENA and the FMLN held the majority of seats, the 84-seat National
Assembly is now dominated by New Ideas (56 seats), GANA (5 seats), and al ied parties (3 seats). Rather
than discussing their agenda, New Ideas deputies hastily presented charges against and dismissed the
Constitutional Court magistrates for inhibiting the government’s pandemic response. On May 2,
legislators dismissed the attorney general for having ties to ARENA. According to the Inter-American
Commission of Human Rights, both actions violated accepted principles for removing judicial sector
actors, such as “due cause, right of defense, and due process.” The legislators swore in replacements
through a process that violated procedures outlined in Article 186 of the constitution.
The outgoing Constitutional Tribunal ruled the dismissal unconstitutional; several lower court judges
rejected the move. The U.N. Secretary General and High Commissioner for Human Rights, the
Organization of American States (OAS), and the European Union issued statements cal ing the
legislature’s actions a violation of judicial independence. In response to international condemnation,
Bukele reportedly stated, “we're cleaning our house and this isn't your responsibility.”
U.S. Policy Concerns
The Biden Administration is requesting $861 mil ion in FY2022 to begin implementing its proposed four-
year, $4 bil ion plan to address the root causes of migration from Central America. The Administration
reportedly intends to channel assistance to civil society organizations and limit direct aid to governments.
Special Envoy for the Northern Triangle Ricardo Zúñiga, spurned by Bukele during a recent visit,
testified that “good governance, anticorruption, and human rights” would be at the center of U.S. efforts
in the region. On May 4, Vice President Harris, who is leading diplomatic efforts to address migration
issues with Central America and Mexico, criticized the Salvadoran legislature’s actions and said “we must
respond.” Some analysts have urged the Administration to pursue a collective response at the OAS by
invoking the Inter-American Democratic Charter, which would result in the Permanent Council
convening to discuss how to respond to the situation. Beyond diplomatic pressure, U.S. responses may be
tempered by the need to enlist Bukele’s support in controlling unauthorized migration.
Congress is closely following events in El Salvador and considering policy responses as it assesses the
Biden Administration’s FY2022 budget request. Some Members of Congress have cal ed on the
Administration to reassess U.S. assistance to judicial institutions now controlled by Bukele al ies,
potential y including the OAS-backed International Commission Against Impunity in El Salvador, which
worked closely with the former attorney general. Some Members also have asked the Administration to
consider targeted sanctions, such as revoking the visas of those involved in the dismissals. Some Senators
are urging the Administration to oppose international financing for the Bukele government if it fails to
respect democracy, judicial independence, and the rule of law, which could delay or derail a $1 bil ion
International Monetary Fund loan the Bukele government has been negotiating.

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See CRS Report R43616, El Salvador: Background and U.S. Relations, by Clare Ribando Seelke.


Author Information

Clare Ribando Seelke

Specialist in Latin American Affairs




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