El Salvador: Constitutional reforms without guarantees of public participation or consultation put human rights at risk

The recent approval by El Salvador’s Legislative Assembly of a constitutional reform that modifies key elements of the political and electoral system is the latest example of a worrying trend towards the use of legislative power, without effective checks and balances, to introduce structural changes to the Constitution and other basic legislation that put human rights at risk.

The approval of these reforms confirms the warnings issued by Amnesty International in May 2024 and February 2025 regarding the process used to approve reforms to Article 248 of the Constitution. These reforms removed the requirement for constitutional amendments to be ratified by two separate legislative assemblies. This change has significantly reduced the time available for public engagement, weakened the system of checks and balances, and eliminated a key safeguard that formally allowed for greater public scrutiny.

“The warnings we have issued in recent months have been confirmed by the manner in which the Constitution has again been modified without proper debate or public consultation. This practice seeks to concentrate power in the executive branch and increases the risk of human rights violations and the implementation of further reforms in the future without regard to the voices or rights of the population,” said César Marín, Amnesty International’s deputy regional director for the Americas.

This practice seeks to concentrate power in the executive branch and increases the risk of human rights violations and the implementation of further reforms in the future without regard to the voices or rights of the population.

César Marín, Amnesty International’s deputy regional director for the Americas.

Since the ruling party obtained absolute control of the Legislative Assembly in 2021, it has driven multiple legal and constitutional reforms through fast-track procedures that lack transparency and effective public engagement, thereby seriously eroding judicial independence, eliminating accountability mechanisms and suspending fundamental rights under a state of emergency in place for over three years. This has resulted, among others, in the arbitrary detention of human rights defenders simply for making their voices heard.

“The manner in which constitutional reforms are being approved in El Salvador reveals a pattern of authoritarian practices that seek to undermine the conditions necessary for the full enjoyment of human rights, including the right to freedom of expression, participation in public affairs, and access to justice in cases of abuse of power. This is evidenced by the fact that, after decades, we have had to designate individuals such as Ruth López, Alejandro Henríquez and José Ángel Pérez prisoners of conscience in the country,” Marín added.

The manner in which constitutional reforms are being approved in El Salvador reveals a pattern of authoritarian practices that seek to undermine the conditions necessary for the full enjoyment of human rights.

César Marín, Amnesty International’s deputy regional director for the Americas.

Amnesty International reiterates the obligation of the Salvadoran state to guarantee the right to participate in public affairs. This includes ensuring that reforms of this

nature are subject to adequate periods of debate and public scrutiny. It is therefore imperative that the authorities reverse the measures that have led to the closure of civic space and that stigmatize and criminalize those who exercise their right to freedom of expression by voicing public dissent against state policies.

In light of this situation, the organization calls on the international community to closely monitor the situation in El Salvador, demand that the Salvadoran state fulfil its international human rights obligations, support those who continue to defend human rights both within and outside the country and require the immediate and unconditional release of those detained simply for defending human rights.

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