INSIGHTi
El Salvador: Authoritarian Actions Threaten
Democracy
Updated May 19, 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. The recent dismissals, enforced by the police, reportedly occurred in retaliation for the attorney
general’s investigations of corruption in Bukele’s cabinet and court rulings that Bukele violated the
constitution in ruling by decree during 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 concern about the dismissals. 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 government’s respect for democratic norms.
On May 17, according to press reports, the State Department sent a “nonpublic report to Congress”
identifying Northern Triangle politicians suspected of corruption that included five Salvadoran officials,
including the head of Bukele’s cabinet and his former minister of security.
Democratic Backsliding
On June 1, 2019, 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. Through 2020, Bukele battled with the
legislature and the Supreme Court over funds he sought for his security plan and his aggressive
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enforcement of a pandemic quarantine. In February 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. 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 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 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. The legislators swore in replacements through a process that reportedly violated procedures
outlined in Article 186 of the constitution and have since passed a law granting immunity from
prosecution to anyone involved in pandemic spending.
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 limit direct aid to governments. On May 4, Vice President Kamala 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.” Special Envoy for the Northern Triangle
Ricardo Zúñiga expressed U.S. concerns with Bukele during a mid-May visit to El Salvador. The recent
reported declassification of a report to Congress pursuant to P.L. 116-260 on corrupt Northern Triangle
officials listing five current and former Salvadoran politicians could further strain relations. 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 the
situation.
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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IN11658 · VERSION 2 · UPDATED

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