El Salvador
El Salvador exhibits mid-range performance in Representation and Participation and low-range performance in Rights and Rule of Law. Over the last five years, it has declined in several factors across all categories of democracy, notably in Credible Elections, Free Political Parties, Effective Parliament, Rights, Access to Justice, Civil Liberties, Judicial Independence and Predictable Enforcement. Remittances are a major source of the country’s income, comprising nearly a quarter of its GDP. The services sector and industry, including food processing and chemicals, also drive El Salvador’s economy.
Most of the Salvadoran population are Mestizo (86.3 per cent), followed by white Salvadorans (12.7 per cent) and a small Indigenous (0.2 per cent) minority. However, Indigenous-led organizations have questioned census data, as historical crimes against Indigenous communities, as well as persisting discrimination, have discouraged self-identification of Salvadorans as Indigenous. Poverty and exclusion have contributed to the displacement of Indigenous persons within El Salvador and, along with other factors such as insecurity and unemployment, have driven migration. El Salvador is the most densely populated country in Central America and is highly vulnerable to natural hazards and the effects of climate change.
While the poverty rate in El Salvador has declined significantly overall, the country still struggles to secure basic necessities, such as access to education, particularly in rural areas. In 2021, El Salvador became the first country to accept Bitcoin as legal tender, but concerns remain around the currency’s volatility and accessibility in areas with limited internet penetration.
Provisions for gender equality are established in law, and almost a third of seats in Congress are held by women, yet the rate of femicide and significant intimate partner violence, as well as the absolute prohibition of abortion, remain as particular challenges to their development.
Politics in El Salvador today are driven largely by concerns over the country’s high rate of crime and violence, which is directly linked to the Salvadoran Civil War (1979-1992). The rise of gang activity in El Salvador coincided with the return of Salvadoran migrants from the U.S. following the conflict. After a period of historic lows in violence (post-2016), renewed violence in March 2022 sparked a state of emergency, leading to the arrest of over 60,000 people for alleged gang affiliations. Under the state of emergency, Salvadorans have been vulnerable to widespread human rights abuses, including arbitrary arrest, due process violations, torture, death in custody, and lack of access to justice. Violence disproportionately affects women and LGBTQIA+ people and threatens social development and economic growth.
Contemporary politics in El Salvador is also marked by the concentration of executive power. The cooptation of the legislative assembly and the Supreme Court’s Constitutional Court have significantly eroded any checks on power, and enabled the president to circumvent the Constitution to run for, and attain re-election in 2024. Journalists, alongside civil society groups, have been subject to harassment and increasing hostility by government supporters.
Looking ahead, it will be important to watch whether the government’s use of emergency powers to contain gang activity continues, and whether public approval to such approach persists. The high cost of security measures on the rights of the population could fuel the opposition. The impact on Civil Liberties and Rule of Law of the government’s crackdown on organized crime is another aspect to follow, given numerous reports of abuse including deaths in police custody, as well as human rights violations also impacting children.
Last Updated: August 2024
https://www.idea.int/democracytracker/
April 2024
Congress approves change to procedure for constitutional amendments
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.
Sources: El Faro, Infobae, Amnesty International, El Pais, DW
February 2024
Nayib Bukele is reelected as El Salvador’s president
On 4 February, Nayib Bukele was re-elected as president by 84.6 per cent of cast votes. This is more than ten times the number of votes won by the second-place candidate. The Tribunal Supremo Electoral carried out a recount of 30 per cent of presidential ballots and all legislative votes, due to significant glitches in its results reporting software and website. Voter turnout was 52.6 per cent.
Bukele ran for a second term thanks to a 2021 Supreme Court decision that bypassed a constitutional prohibition on consecutive re-election.
His party, Nuevas Ideas, will obtain almost total control of the National Assembly (54 out of 60 congress members).
OAS observers highlighted that elections took place in peaceful conditions, although in the context of a nearly two year old “state of exception” that was said to have impacted free speech and competition. Also noted were technological, logistical and training shortcomings, which contributed to a significant delay in the transmission of results.
Compared to the last legislative elections, the number of women candidates increased from 36 to 39 per cent. Out of the other five presidential candidates only one, Ana Marina Murillo, is a woman.
Note: This report was updated on 18 March for accuracy and comprehensiveness.
Sources: El Faro, Tribunal Supremo Electoral, Organization of American States, The New York Times, El Pais (1) , Washington Post, El Pais (2), France 24, IFES
August 2023
Entire administrative region of Cabañas is sieged by the military
President Nayib Bukele’s government has imposed a military siege on the department of Cabañas, one of El Salvador’s 14 administrative regions. According to Bukele’s statements on social media, the objective of the operation, which involves 7,000 military and 1,000 police officers, is to prevent gang members from fleeing and to cut their supply lines. Even though the government has carried out similar operations in towns and cities since it first declared a state of emergency in March 2022, it is the first time this kind of operation is implemented in an entire administrative region, which has a population of around 150,000 people.
Sources: El Pais, Al Jazeera
July 2023
Organized Crime Law reform and decree harshen prosecution of organized crime
The Legislative Assembly approved reforms to the Organized Crime Law that will increase sentences for gang leaders and will temporarily enable mass trials of up to 900 defendants as part of the structure of a criminal enterprise, instead of being processed individually. Mass hearings and arraignments had already taken place and been criticised by UN and human rights experts as infringing due process rights, including presumption of innocence. El Salvador now has the world’s highest incarceration rate, and mass incarceration during the country’s state of emergency has led to a significant backlog in cases, which is how the government justifies the measure. To this day, nearly 72,000 people have been detained, accused of collaborating or participating in gangs.
Sources: El Pais (1), El Faro, Office of the High Commissioner for Human Rights, elsalvador.com, El Pais (2), Statista
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