El Salvador - February 2025

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