Political agreements elaborating on the constitutional reform
With a view to elaborating on some of the aspects which the agreed constitutional reform refers to secondary
legislation, the Parties have agreed to the following:
A. Judicial system
Supreme Court of Justice
For the purposes of the appointment of judges to the Supreme Court of Justice as envisaged in the
constitutional reform, the National Council of the Judiciary shall keep a list of 60 candidates representative of the
main schools of legal thought, which shall be renewed after each election of judges. Thirty of the candidates shall be
nominated by the lawyers associations of the different regions of the country.
National Council of the Judiciary
Agreement has been reached to restructure the National Council of the Judiciary as follows:
The composition of the National Council of the Judiciary shall be such as to guarantee its independence from the organs of State
and from political parties, and to ensure as far as possible that its membership includes not only judges but also representatives of
sectors of society not directly connected with the administration of justice. The act regulating the National Council of the Judiciary
shall be amended to bring it into line with the provisions of this Agreement within 90 days following ratification of the
constitutional reform by the Legislative Assembly whose term begins on 1 May 1991. A new National Council of the Judiciary shall
be elected within 90 days following approval of that legislative reform.
The National Council of the Judiciary shall be responsible for organizing and operating the Judicial Training School,
whose purpose shall be to ensure a steady improvement in the professional training of judges and other judicial officials and of
members of the Office of the Attorney-General of the Republic; to investigate the country's judicial problems and promote solutions
thereto; and to foster greater bonds of solidarity among members of the judiciary and a coherent overall vision of the function of
the judiciary in a democratic State.
Career judicial service
The secondary legislation on the career judicial service shall satisfy the following requirements:
The secondary legislation shall contain provisions to ensure that admission to the career judicial service is based on
mechanisms guaranteeing objective selection, equal opportunities for all candidates and the selection of the best-qualified candidates.
Such mechanisms shall include competitive examinations and attendance at the Judicial Training School.
Candidates shall be admitted to the career judicial service only if they fulfil the admission requirements established by law.
B. Electoral system
The electoral roll shall be compiled in such a way that the lists of citizens eligible to vote are published at least
20 days before the date of the election. A simple and expeditious procedure shall be established for making legitimate corrections
requested by any interested party.
Within 60 days after the establishment of the new Supreme Electoral Tribunal, a Special Commission presided over by the Tribunal
and composed of representatives of all legally registered parties and, possibly, independent experts shall be established to prepare
a comprehensive proposal for reform of the electoral system, to be completed and submitted to the Legislative Assembly within 120
days of the Commission's establishment. The Special Commission shall in any case be set up at least two years before the next
legislative elections, and the Assembly shall vote on the proposed reforms at least one year before the date of those elections.
C. Armed forces
The political agreements on the armed forces are being referred for consideration under the corresponding item of the
Caracas Agenda. Nevertheless, the Parties agree that those agreements shall include the following points:
The professional training of members of the defence and public security forces shall emphasize the pre-eminence of
human dignity and democratic values, respect for human rights and the subordination of those forces to the constitutional
authorities.
The secondary legislation on military jurisdiction shall be amended, where necessary, to ensure that under no circumstances
shall any offences whose victims are civilians or include civilians be deemed to be purely military offences or misdemeanours and,
likewise, that civilians shall not be subject to military jurisdiction under any circumstances, except in the case of military offences
committed in connection with an international armed conflict involving El Salvador.
Posted by USIP Library on:
April 16 2001
Source Name:
The United Nations and El Salvador 1990-1995, United Nations
Blue Books Series, vol. IV. (New York: United Nations, Dept. of Public
Information, 1995), 173.
Source Document Number:
U.N. Doc. No. A/46/553-S/23130
Date digitized:
March 2 2001
