El Salvador: IACHR warns of possible impacts on the rule of law in light of indefinite presidential re-election

August 8, 2025

Washington, D.C.- The Inter-American Commission on Human Rights (IACHR) expresses its concern over the constitutional reform that alters the length of the presidential term and allows for indefinite re-election to the office, among other aspects. The IACHR considers that the measure, represents a serious setback for democracy and the rule of law in the country not only for the content of the reform but because it was adopted in an expedited manner without legislative debate or public consultation

On July 31, 2025, the Legislative Assembly of El Salvador expeditiously approved a Constitutional Reform Agreement, which was ratified in the consecutive legislative session on the same day. The Legislative Decree removes the prohibition on presidential re-election; eliminates the loss of citizenship for those who promote re-election; extends the presidential term to six years starting with the next term; eliminates the second round of elections, even if an absolute majority of votes is not achieved in the first round; and brings forward the end of the current presidential term to June 1, 2027, in order to unify the presidential, legislative, and municipal elections.

As relevant background, the IACHR notes that, in January 2025, the legislative body ratified a reform to Article 248 of the Constitution, making it possible for future amendments to the Constitution to be made more expeditiously by the same legislature. The Commission is concerned about the lack of citizen participation and the rapid approval of such far-reaching reforms, which affect rules governing access to and exercise of political power that are essential to democracy and the rule of law.

The State categorically rejected the assessments made in the press release, considering them premature and incomplete. It indicated that the recent constitutional reforms were carried out in full exercise of national sovereignty and the self-determination of the Salvadoran people, and that the process was conducted in accordance with the established procedures. The State pointed out that the Legislative Assembly acted as a collegial, deliberative, and representative body, exercising its constitutional function in the general interest. It also affirmed that the reforms have specific purposes, such as stabilizing the political-electoral system, synchronizing election schedules, strengthening the rule of law, and providing better conditions for national development. It stated that the possibility of re-election does not suppress the alternation of power, nor does it imply imposition, but rather grants the Salvadoran people the freedom to decide at the polls whether or not they wish to continue with a particular political project.

The Inter-American Court has established that allowing indefinite presidential re-election is contrary to the principles of representative democracy and, therefore, to the obligations set forth in the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man. Likewise, the organs of the Inter-American system have emphasized that the prohibition of indefinite presidential re-election seeks to prevent a person from perpetuating themselves in power, in order to ensure political pluralism, alternation in power, and protect the system of checks and balances that guarantee the separation of powers.

Furthermore, in the opinion of the Inter-American Commission, this constitutional reform is taking place in a context of profound weakness in judicial independence in the country, beginning with the expedited dismissal of judges from the Constitutional Chamber of the Supreme Court of Justice in 2021, without due process or specific grounds, and the immediate appointment of a new panel. Shortly thereafter, this new composition of the Chamber issued Ruling 01/2021, ordering the Supreme Electoral Tribunal "to allow a person who holds the office of President of the Republic and has not been President in the immediately preceding term to participate in the electoral contest for a second time."

The Commission calls on Executive and Legislative authorities in El Salvador to strengthen and maintain democratic and independent institutions. Any measures which affect democratic institutionality and values as well as the rule of law should be subject to meaningful consultation with the public and civil society organisations, with security from reprisals and freedom of expression ensured. In compliance with the Inter-American standards, the IACHR calls for a reconsideration of the reform which permits indefinite re-election or the prolonged permanence of the same person in the executive branch. Finally, the IACHR recalls the obligation of the different branches, bodies, and authorities of the State, and in particular the judiciary, to monitor compliance with the Convention within the scope of their powers and to ensure compliance with the State's international obligations.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 156/25

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