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Constitutional Reform: Chapultepec Peace Agreement

Implementations

Constitutional Reform – 1992

The accord called for three constitutional reforms: reining in the military (civilian control), judicial reforms to protect human rights (2/3 house majority to elect Supreme court judges, and Human Rights Commission), and electoral reform (Supreme Electoral Tribunal).

The constitutional reforms required to enact judiciary reform were made in 1992.¹ In January 1992, the Amnesty Law was passed by the legislature.² El Salvador’s legislative assembly approved a series of provisional reforms to the electoral code in July 1992, to pave the way for the FMLN’s legalization as a political party. The reforms were approved by 76 of the 84 deputies, despite the fact that the constitution forbids armed groups to form political parties.³

On July 20, 1992, the National Assembly amended El Salvador’s constitution, removing police powers from the armed forces and creating a new national civilian police force and police academy.⁴

“Report of the Director of the Human Rights Division of ONUSAL,” United Nations Security Council (S/24066), June 5, 1992; “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/24833), November 23, 1992.
“El Salvador Amnesty Law Approved by National, Assembly,” BBC Summary of World Broadcasts, January 25, 1992.
“El Salvador: FMLN Suspends Demobilization,” IPS-Inter Press Service, July 31, 1992.
Department of Consolidating Peace and Democracy in El Salvador, Statement before the Subcommittee on Western Hemisphere Affairs of the House Foreign Affairs Committee, United States House of Representatives (July 9, 1992) (statement of Bernard W. Aronson, Assistant Secretary for Inter-American Affairs, Washington, DC), State Dispatch July 20, 1992.

Constitutional Reform – 1993

A new electoral code proposed by a special commission of the Legislative Assembly was enacted in 1993. Constitutional reforms created the Supreme Electoral Court (TSE) to replace the Central Election Council, and a special body to ensure the impartiality of the TSE and its members, who were to be elected by the Legislative Assembly. This set of changes fulfilled the reforms in the peace accord.¹

Ricardo CÃ³rdova MacÃas, “Demilitarizing and Democratizing Salvadoran Politics,” in El Salvador: Implementation of the Peace Accords, USIP, ed. Margarita S. Studemeister.