El Salvador’s latest constitutional amendment has drawn widespread international concern, with human rights advocates warning of its potential impact on democracy and legal protections. Amnesty International has been at the forefront of these criticisms, cautioning that the amendment to Article 248 could significantly weaken human rights safeguards and limit civic engagement in governmental decisions.
A Shift in Constitutional Change Procedures
Previously, altering El Salvador’s constitution required approval from two consecutive legislative sessions, ensuring a deliberative process that allowed for public debate and diverse perspectives. However, on January 29, 2025, the Legislative Assembly ratified an amendment to Article 248, streamlining the process. Now, a single legislative body with a three-quarter majority can approve constitutional changes, allowing for swift modifications with less scrutiny.
This shift has alarmed legal experts and human rights organizations, who argue that such an expedited process could lead to unchecked governmental power. Amnesty International Americas Director Ana Piquer emphasized that this new legislative method “could undermine human rights in the future and limit people’s opportunities to participate in public affairs.”
Concerns Over Democracy and Legal Protections
Critics fear that this amendment sets a dangerous precedent, potentially paving the way for further changes that could weaken the judicial system and erode fundamental freedoms. Given the ruling party’s supermajority in the Legislative Assembly, there are concerns that significant legal modifications could be pushed through without meaningful opposition or public consultation. This pattern has already been observed in past legislative decisions, further intensifying fears about democratic backsliding.
The international community has also voiced apprehensions. Political analysts and human rights organizations have urged El Salvador’s government to adopt a more transparent and participatory approach to constitutional amendments. Many emphasize the importance of maintaining a system that upholds human rights obligations and prevents the concentration of power within a single governing body.
The Broader Implications for Human Rights
This constitutional amendment comes amid broader concerns regarding El Salvador’s human rights record. Under recent states of emergency, the government has been accused of restricting public freedoms and limiting access to justice. Advocacy groups argue that these measures have already weakened democratic institutions, and the latest amendment only exacerbates these issues.
By reducing the barriers to constitutional change, critics warn that future amendments could further suppress opposition voices and diminish legal safeguards. Without sufficient checks and balances, El Salvador risks moving toward an increasingly centralized governance structure, where fundamental rights could be easily curtailed.
Calls for Restoring Transparency and Public Engagement
In response to these developments, international human rights organizations continue to push for the restoration of a more inclusive constitutional reform process. They advocate for a return to the previous system, which required broader legislative consensus and allowed for greater public participation in shaping the nation’s legal framework.
As concerns grow, the global spotlight remains on El Salvador’s government and its commitment to upholding democratic principles. Whether the administration will address these criticisms and take steps toward a more transparent legislative process remains uncertain. However, with mounting international pressure, the future of human rights and democracy in the country hangs in the balance.
