On 20 May, the Legislative Assembly passed an executive-initiated Foreign Agents Law, which entered into force on 7 June. The legislation establishes a Foreign Agents Registry and mandates organizations and private individuals that receive foreign funds to register as ‘foreign agents.’ It also requires that they label their reports and other documents to indicate that they are financed by a foreign agent. Affected parties will have to pay a 30 per cent tax on all funds received from abroad and risk hefty fines or the cancellation of their registration for non-compliance. President Bukele and the legislature justify the measure as needed to ensure transparency and accountability, stating that the resulting revenue will be used to support local charities and public works; when announcing the bill, Bukele lambasted some civil society for their criticism of the government. The new legislation will severely impact the work of civil society and independent media, who will now face overly burdensome reporting and fiscal obligations.

Sources: Asamblea Legislativa de El Salvador, Newsweek, OHCHR, CNN, Refworld

Congress approved the elimination of public financing of political parties, repealing article 210 of the Constitution, in which the “political debt” (“deuda política”) financing mechanism was enshrined. The mechanism aimed to promote the independence of political parties, by allocating public resources based on the valid votes each party received in elections. Performance in previous elections determined the resources each party received as an advance for their campaigns, with the final amount they were entitled to being based on valid votes received in each election (and an obligation to repay funding if their electoral performance fell below previous levels). Proponents of ending this system argue the need to address corruption and inefficiency in political parties. Critics consider that it will result in more power for the ruling party, making the political system inaccessible to opposition and new political parties. They further note that parties will be more vulnerable to influence from illicit sources or wealthy donors.

Sources: Asamblea Legislativa (1), Asamblea Legislativa (2), Coyuntura, El Salvador.com, Latin American Post, Associated Press

The Legislative Assembly passed a new anti-corruption law, establishing a National Anti-corruption Integrated System. Public institutions, including ministries and the Attorney General’s Office (AG), will participate in the new system. The law further creates a National Anticorruption Center, assigned to the AG, to carry out monitoring and intelligence activities. The law, which covers the activities of public officials and governmental institutions, mandates the disclosure of assets and liabilities by civil servants and their immediate families, in addition to income declarations. Congress also increased penalties and prison sentences for corruption-related offenses, such as embezzlement. The law will enter into force in August 2025 (180 days after it received Presidential assent and was published in the Official Journal). Critics question the effectiveness of the new legal and institutional framework, absent comprehensive policies to ensure transparency and access to public information.

Sources: Asamblea Legislativa, DW, Associated Press, Prensa Latina

Children and adolescents convicted of or in pre-trial detention for crimes committed in “organized crime modality” will be remanded to adult penitentiaries, following changes to the Juvenile Criminal Law. Although separate wards for children under 18 years of age, and for those between 18 and 21 years will be established, they will be located in adult penitentiaries and administered by the Directorate General of Penal Centers. A joint statement by the UN’s Children’s Fund, the Committee on the Rights of the Child, the High Commissioner for Human Rights and the Population Fund, expressed concern for the measure, which contravenes international standards and obligations, and will deprive juvenile offenders of specialized support and opportunities for rehabilitation. Other organizations point to the prevalence of human rights abuses in adult prisons, which further imperil the ability of minors to rehabilitate, in a context where children as young as 12 years can be sentenced to a minimum of 10 years imprisonment for gang-related crimes.

Sources: Asamblea Legislativa,  UNICEF, El País

Metal mining has been reintroduced in El Salvador after a years-long ban on the extractive activity. In December, the Legislative Assembly passed a bill to lift the ban that, according to its proponent, President Nayib Bukele, is a way to promote economic growth through the responsible use of natural resources. The law entered into force this January. Metal mining was banned in 2017 after environmental campaigns and reports of significant water pollution in the country; El Salvador had been the first country to adopt this kind of environmental protection measure. The new legislation establishes state control over the extraction of metals, and some provisions to minimize its harmful effects, such as the prohibition of mercury in gold mining and of extraction in certain protected areas. Environmental activists have protested against the new legislation, warning about the effects on health, safe-drinking water and the environment.  

Sources: elsalvador.com, France 24, AP, The Guardian, BBC

After the Salvadorean general elections of 4 February, on 29 April the outgoing (lame duck) Legislative Assembly dominated by the ruling party, Nuevas Ideas (NI) approved a modification to Article 248 of the Constitution. It must be ratified by the incoming legislature, which was sworn in on 2 May, to enter into force, and will establish a new way to amend a constitutional provision.  

Previously, amendments required a simple majority approval by a sitting legislature and a subsequent ratification from two-thirds of the incoming legislature. The Article's revised text will add that constitutional amendments may be ratified by a three fourths majority within one legislature.  

This decision has been criticized as an attempt to diminish what few checks on the executive power are left, enabling the incoming legislature to expedite amendments proposed by the President (54 out of 60 incoming Assembly members belong to NI). The amendment overly empowers short-term legislative majorities, undermining the longer-term effectiveness of the institution. Opposition members have rejected this process because of how it was rushed without prior discussion or analysis.  

Update: Congress ratified the change to the procedure for approval of constitutional amendments on 29 January 2025.

Sources: El Faro, Infobae, Amnesty International, El Pais, DW, Voz de América