Removals of magistrates in El Salvador threaten democracy

Why are dismissals unconstitutional in El Salvador?

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(CNN) -

El Salvador's future of democracy is under global scrutiny after lawmakers joined President Nayib Bukele over the weekend to replace all magistardos in the Constitutional Chamber of the Supreme Court of Justice, the highest branch of the country's judicial system.Here is everything you need to know about what is happening in the Central American nation, and Washington's close monitoring of the situation.

What happened in El Salvador?

The drama unleashed in the corridors of power in the capital, San Salvador, late on Saturday, when the country's Legislative Assembly voted in favor of the removal of the five magistrates that make up the Constitutional Chamber.

The motion had been proposed by the New Ideas party of the president of El Salvador, Nayib Bukele, which has a large majority of 56 of the 84 seats since its landslide victory in the legislative elections last March.

New Ideas lawmakers argue that the constitutional court is hampering the president's ability to deal with the covid-19 pandemic.

Critics of Bukele, however, say his tenure has veered toward authoritarianism.

Why are dismissals unconstitutional in El Salvador?

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In March last year, the Constitutional Chamber ruled that it was illegal to imprison citizens who had defied confinement orders, a court ruling that the president publicly rejected.

The institutional clash resurfaced this week when the five magistrates declared the vote on his dismissal unconstitutional.

Legislators responded by ordering the removal of the country's Attorney General, Raúl Melara.

Finally, the legislative power prevailed: Melara resigned shortly after, and on Monday, five new judges took possession of the Constitutional Chamber.

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Doubts remain about the legality of the weekend's events, but the restructuring has placed the president firmly in control of all of the country's most important public institutions.

Legislators from the ruling New Ideas party are sworn in in Congress in San Salvador, El Salvador, on Saturday, May 1, 2021.

Who is Nayib Bukele

Shortly after the Assembly vote, the 39-year-old Bukele celebrated by tweeting "GOODBYEES" in capital letters, followed by five emojis of hands clapping.

Throughout the weekend, the president defended the Assembly's decision on Twitter and urged the international community to stay out of the conflict.

"We are cleaning the house," he wrote.

Right-wing populist Bukele came to power in 2019 with an anti-corruption platform, vowing to "drain the quagmire" of the country's politics.

He is the first president since 1989 who does not come from one of the country's two main political parties, the conservative ARENA and the leftist and once guerrilla FMLN.

El Salvador: dismissals set alarms 4:56

In his presidential campaign and in his first year in office, Bukele presented himself as an admirer and close ally of former President Donald Trump, who tweeted praise for the young leader for "working well with us on immigration."

US relations with Bukele appear to be cooling under President Joe Biden, but El Salvador remains a strategic partner for the United States in Central America, especially around immigration, as Washington tries to curb migration flows to the United States. with the cooperation of the Central American governments.

Bukele's actions have leaned toward the undemocratic before: In February 2020, he swiftly deployed troops to the Legislative Assembly, then controlled by the opposition, during a showdown between the president and Congress over an emergency loan.

The move was harshly criticized by the international community, including Trump's ambassador to El Salvador.

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How the world reacted

Various institutions and civil society groups, including the association of private businessmen in El Salvador, harshly criticized the judicial dismissals, calling them "self-coup" and an "attack on democracy and threat to the freedom of all Salvadorans."

Perhaps the most prominent warnings so far have come from Washington.

US Vice President Kamala Harris, who has made a commitment to El Salvador, as well as the other Northern Triangle countries, Guatemala and Honduras, on immigration, tweeted on Sunday: “We have deep concern for El Salvador's democracy. Salvador, in light of the vote of the National Assembly to dismiss the judges of the Constitutional Chamber.

An independent judiciary is essential for a healthy democracy, and for a strong economy.

Harris criticizes the dismissal of judges in El Salvador 0:40

US Secretary of State Antony Blinken also personally called Bukele to underscore the US commitment to "strengthen democratic institutions and the separation of powers" in El Salvador.

The European Union representative for Foreign Affairs, Josep Borrell, also shared his concern, saying that events in El Salvador had "cast doubt on the rule of law."

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Bukele Response

Bukele defended his performance, tweeting that he was not chosen "to negotiate" with the state apparatus, but did not publicly respond to criticism from US officials.

Although El Salvador's president is used to opposition from his government and foreign human rights groups, a strong reprimand from Washington increases the pressure.

"Bukele believes that Washington's urgency to address the issue of migration increases his capacity to negotiate with the Biden administration, but he may be underestimating El Salvador's economic dependence on the United States," Tiziano Breda told CNN , Central America analyst at the International Crisis Group (ICG).

Millions of dollars of aid from the US strengthen El Salvador's local economy, curb immigration and help combat organized crime in that country, dominated by transnational gangs such as MS-13.

Breda also points out that the United States is by far El Salvador's most important trading partner and wields significant global influence.

In addition, he says, Salvadorans living in the United States contribute more than 20% of the GDP of their country of origin in the form of remittances.

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What can we expect now?

The situation in El Salvador is the first political crisis in the Western Hemisphere facing the newly installed US administration.

Since the election, the Biden administration has signaled its interest in the region's toughest problems, such as Venezuela's political turmoil, immigration and the environment.

Given Bukele's wide popularity margins, 98% of Salvadorans supported the president's handling of the pandemic, according to a CID Gallup poll from March this year, the White House may prefer to dialogue with the young leader about the current crisis instead of unleashing a war of words.

But Washington must also consider the signal it sends to other authoritarian leaders in the region, such as Daniel Ortega of Nicaragua, Nicolás Maduro of Venezuela and Jair Bolsonaro of Brazil.

"Getting away with it would set another dangerous precedent in a region, Central America, that is already affected by similar experiences," said Breda of ICG.

What Bukele may not be considering is what these precedents imply in the medium / long term: more social unrest, political instability and international mistrust, if not isolation.

Things that El Salvador can hardly bear, "he says.

El Salvador Nayib Bukele