The legislative assembly of the Republic of El Salvador
I. Whereas it is the firm intention and duty of this Assembly to contribute to the restoration of peace, to national reconciliation
and to the reunification of Salvadorian society, in accordance with the common will of our people,
II. Whereas the peace negotiations being conducted pursuant to the Geneva Agreement of 4 April 1990 and the Caracas Agenda of
21 May 1990 call for a number of constitutional reforms in support of the political agreements emanating therefrom,
In exercise of the powers conferred upon it by article 248 of the current Political Constitution,
Hereby adopts the following constitutional reform:
Article 1. Article 30 is hereby repealed.
Article 2. In article 77, the words "Central Board of Elections" are hereby replaced by the words "Supreme Electoral Tribunal"
and a new paragraph is hereby added, to read as follows:
"Legally registered political parties shall have the right to monitor the compilation, organization, publication and updating of the
electoral roll."
Article 3. Article 131(37) is hereby amended to read as follows:
"To recommend to the Office of the President of the Republic the dismissal of Ministers of State, or to the relevant bodies the
dismissal of officials of autonomous official institutions, whenever it deems appropriate on the basis of an investigation by its special
commissions or an appeal, as the case may be. The Assembly's decision shall be binding with regard to heads of public security or State
intelligence when the cause is serious human rights violations."
Article 4. Article 162 is hereby amended to read as follows:
"Article 162. The President of the Republic shall be responsible for appointing, dismissing, accepting the resignation of and
granting leave to Ministers and Deputy Ministers of State and heads of public security and State intelligence."
Article 5. Article 163 is hereby amended to read as follows:
"Article 163. Decrees, decisions, orders and rulings of the President of the Republic must be countersigned and transmitted by
Ministers, or by Deputy Ministers where appropriate, in their respective departments. Failure to comply with these requirements shall render such
instruments null and void."
Article 6. Paragraphs (11) and (12) of article 168 are hereby amended, and three new paragraphs numbered (17), (18) and (19) are hereby added, to read as follows:
"(11) To command, organize and maintain the armed forces, confer military ranks and order postings and duties or the discharge
of officers, in accordance with the law.
"(12) To use the armed forces to defend the sovereignty of the State and the integrity of its territory. In exceptional cases,
where the normal means for the maintenance of domestic peace and public tranquillity and safety have been exhausted, the President of the
Republic may use the armed forces for that purpose. Such action by the armed forces shall be limited to the period and extent strictly
necessary to restore order and shall cease once that task has been fulfilled. The President of the Republic shall keep the Legislative Assembly
informed of such action and the Assembly may, at any time, order the cessation of such exceptional measures. In any event, within two weeks
of the termination of such measures, the President of the Republic shall submit to the Legislative Assembly a detailed report on the action
taken by the armed forces.
"(17) To command, organize and maintain the National Civil Police to preserve peace, tranquillity, order and public safety
in both urban and rural areas, adhering strictly to respect for human rights and under the control of civilian authorities. The National Civil
Police and the armed forces shall be independent and shall be placed under the authority of different ministries.
"(18) To command, organize and maintain the State Intelligence Agency.
"(19) To determine annually a reasonable manpower level for the armed forces and the National Civil Police."
Article 7. A new paragraph is hereby added to article 172, to read as follows:
"The judiciary shall receive an annual allocation from the State budget of no less than 6 per cent of current income."
Article 8. Article 174, second paragraph, is hereby amended to read as follows:
"The Constitutional Division shall comprise five judges appointed for that purpose by the Legislative Assembly. The President of
the Constitutional Division shall be appointed by the Legislative Assembly whenever the latter elects judges to the Supreme Court of Justice.
The same appointee shall serve as President of the Supreme Court of Justice and of the judiciary."
Article 9. Article 180 is hereby amended to read as follows:
"Article 180. Any person wishing to be a justice of the peace shall, as a minimum, be a Salvadorian citizen, a lawyer, a layman,
over 21 years old, and known to be competent and of good character; he must have rights of citizenship and have had them for the three years
preceding his appointment. Justices of the peace shall be considered members of the career judicial service.
"In cases where the National Council of the Judiciary so decides, the duties of justice of the peace may be carried out by a
person who is not a lawyer or does not belong to the career judicial service. In such cases, the term of office shall be one year."
Article 10. Paragraph 9 of article 182 is hereby amended to read as follows:
"9. To appoint magistrates and judges of courts of first and second instance and justices of the peace from lists of
three candidates submitted by the National Council of the Judiciary; forensic physicians and employees of offices of the Court; and dismiss
them, accept their resignation and grant them leave."
Article 11. Article 186 is hereby amended to read as follows:
"Article 186. A career judicial service is hereby established.
"Judges of the Supreme Court of Justice shall be elected by the Legislative Assembly for a term of nine years, with one third
of the judges coming up for renewal every three years. Their tenure shall be deemed to be renewed by right unless, at the end of a judge's term of
office, the Legislative Assembly decides otherwise or a judge is dismissed for cause, the causes for dismissal having been previously established
by law. The affirmative vote of at least two thirds of the elected deputies shall be required for a decision to be taken in each of the
above cases.
"Judges of the Supreme Court of Justice shall be elected from a list of candidates drawn up by the National Council of the
Judiciary in the manner prescribed by law, half of the names being proposed by the associations representing lawyers in El Salvador; the list
shall comprise candidates representative of the main schools of legal thought.
"Magistrates and judges of courts of first and second instance and justices of the peace who are members of the career
judicial service shall enjoy security of tenure.
"The law shall afford judges protection so that they can carry out their duties in complete freedom, impartially and free of any
influence on the cases that come before them; it shall also afford them the means guaranteeing them fair remuneration and a standard of living
commensurate with the level of their responsibilities.
"The law shall regulate the requirements and procedures for admission to the career judicial service, promotions, transfers,
disciplinary measures against members of the service, and other matters relating to the service."
Article 12. Article 188 is hereby amended to read as follows:
"Article 188. No person serving as a magistrate or judge may practise as a lawyer or notary or serve as an employee of the other
organs of State, except as a teacher or a diplomat on temporary assignment."
Article 13. Article 191 is hereby amended to read as follows:
"Article 191. The function of public prosecutor shall be performed by the Attorney-General of the Republic, the Chief
State Counsel, the National Counsel for the Defence of Human Rights and such other officials as may be prescribed by law."
Article 14. Article 192 is hereby amended to read as follows:
"Article 192. The Attorney-General of the Republic, the Chief State Counsel and the National Counsel for the Defence of
Human Rights shall be elected by the Legislative Assembly, by a qualified majority of two thirds of the elected deputies. Their term of
office shall be three years and they may be re-elected.
"The qualifications required for the post of Attorney-General of the Republic or Chief State Counsel shall be the same as
those for judges of courts of second instance.
"The requirements to fill the post of National Counsel for the Defence of Human Rights shall be prescribed by law."
Article 15. In Article 193, a new paragraph (3) is hereby added; paragraphs (2) and (3) are hereby amended, the latter becoming paragraph (4); and paragraph (9) is hereby repealed. The new paragraphs read as follows:
"2. To institute judicial proceedings, proprio motu or at the request of a party, in defence of the legal order.
"3. To direct the investigation of the offence, particularly of any criminal acts that are liable to criminal prosecution.
To that end, under the direction of the Office of the Attorney-General of the Republic, there shall be established a Criminal Investigation
Agency whose mandate shall be prescribed by law. This shall not limit the independence of the judge in investigating matters submitted to him.
The Criminal Investigation Agency shall take without delay any action that a judge may request of it for the purposes stated.
"4. To institute criminal proceedings proprio motu or at the request of a party."
Article 16. A new article is hereby added after article 194, to read as follows:
"Article 194. The National Counsel for the Defence of Human Rights shall be responsible for promoting human
rights and making sure that they are respected. He may have permanent departmental and local representatives.
"The functions of the National Counsel shall be:
- To make sure that human rights are respected and guaranteed.
- To investigate, either proprio motu or on the basis of a complaint he has received, cases of human rights violations.
- To assist alleged victims of human rights violations.
- To promote judicial or administrative remedies for the protection of human rights.
- To monitor the situation of persons deprived of their liberty. He shall be notified of all arrests and shall make sure that the legal
limits on administrative detention are respected.
- To carry out inspections, where he deems necessary, in order to ensure respect for human rights.
- To supervise the conduct of the administration towards citizens.
- To propose to the organs of State reforms for promoting human rights.
- To give opinions on proposed legislation that would affect the exercise of human rights.
- To promote and propose such measures as he deems necessary to prevent human rights violations.
- To formulate conclusions and recommendations, either publicly or in private.
- To prepare and issue reports.
- To develop a permanent programme of activities to promote a knowledge of, and respect for, human rights.
- Such other functions as may be assigned to him by the Constitution or the law."
Article 17. The heading of chapter VII of title VI is hereby amended to read:
"Chapter VII
Supreme Electoral Tribunal"
Article 18. Article 208 is hereby amended to read as follows:
"Article 208. The Supreme Electoral Tribunal shall be the highest administrative authority and jurisdiction with respect
to electoral matters. Its decisions shall not be subject to appeal, other than appeals to the Tribunal itself for a review, in the cases
established by the law, and appeals provided for in this Constitution against violations hereof.
"The composition of the Supreme Electoral Tribunal shall be determined by law, making sure that no party or coalition of
parties predominates in it. Likewise, appropriate provision shall be made for the Supreme Electoral Tribunal to include members without any
party affiliation, elected by a two-thirds majority of the deputies elected to the Legislative Assembly."
Article 19. Article 209 is hereby amended to read as follows:
"Article 209. The agencies necessary for collecting, counting and checking ballots and for other activities connected with
the exercise of suffrage shall be established by law, making sure that no party or coalition of parties predominates in them. Contending political
parties shall have the right to monitor the entire electoral process."
Article 20. Article 211 is hereby amended to read as follows:
"Article 211. The armed forces are a permanent institution in the service of the nation. They shall be obedient, professional,
apolitical and non-deliberative."
Article 21. Article 212 is hereby amended to read as follows:
"Article 212. The mission of the armed forces shall be to defend the sovereignty of the State and the integrity of its
territory. In exceptional cases, the President of the Republic may use the armed forces to maintain domestic peace, in accordance with the
provisions of this Constitution.
"The main organs of government referred to in article 86 may use the armed forces to enforce the provisions which they have
adopted, within their respective spheres of competence under this Constitution, to ensure compliance with the Constitution.
"The armed forces shall cooperate in public works assigned to them by the executive branch and shall assist the public in
cases of national disaster."
Article 22. Article 213 is hereby amended to read as follows:
"Article 213. The armed forces shall form part of the executive branch and shall be subject to the authority of the President
of the Republic in his capacity as Commander-in-Chief. The structure, legal regime, doctrine, composition and functioning of the armed forces
shall be defined by law, by regulation and by special provisions adopted by the President of the Republic."
Article 23. Article 216 is hereby amended to read as follows:
"Article 216. Military jurisdiction is hereby established. For the trial of purely military offences and misdemeanours, there
shall be special procedures and courts as provided by law. Military jurisdiction, as an exception to the unity of the system of justice, shall
be limited to the trial of purely military offences and misdemeanours, understood to be those affecting only a strictly military legal interest.
"Members of the armed forces on active duty shall be subject to military jurisdiction in respect of purely military offences and
misdemeanours."
Article 24. Article 217 is hereby amended to read as follows:
"Article 217. The manufacture, import, export, trading, possession and bearing of weapons, ammunition, explosives and similar
articles shall be permitted only with the authorization and under the direct supervision of the executive branch in the defence area.
"This matter shall be regulated by a special law."
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