Identifier
Created
Classification
Origin
06SANSALVADOR1193
2006-05-05 20:53:00
CONFIDENTIAL
Embassy San Salvador
Cable title:  

EL SALVADOR: LAST-MINUTE PASSAGE OF KEY LAWS AND

Tags:  ES PGOV PREL 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHSN #1193 1252053
ZNY CCCCC ZZH
P 052053Z MAY 06
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 2284
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
C O N F I D E N T I A L SAN SALVADOR 001193 

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/04/2016
TAGS: ES PGOV PREL
SUBJECT: EL SALVADOR: LAST-MINUTE PASSAGE OF KEY LAWS AND
CONSTITUTIONAL REFORMS


Classified By: DCM Michael A. Butler, Reasons 1.4 (b) and (d)

C O N F I D E N T I A L SAN SALVADOR 001193

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/04/2016
TAGS: ES PGOV PREL
SUBJECT: EL SALVADOR: LAST-MINUTE PASSAGE OF KEY LAWS AND
CONSTITUTIONAL REFORMS


Classified By: DCM Michael A. Butler, Reasons 1.4 (b) and (d)


1. (C) SUMMARY: In its final days in office prior to its
May 1 replacement by newly-elected deputies, El Salvador's
outgoing Legislative Assembly approved a number of
significant constitutional reforms and other legislative
measures, including a witness protection law. However, under
Article 248 of the Salvadoran Constitution, constitutional
reforms initially require only a simple 43-vote majority in
the Legislative Assembly, but must afterwards be ratified by
a two-thirds (56-vote) supermajority in the following
Legislative Assembly, which may prove difficult to achieve
given the new legislative scenario. END SUMMARY.


2. (U) The Witness and Victims Protection Law was passed
with 57 votes the night of April 26, and will enter into
force in 120 days. The law, a response to the widespread
practice among Salvadoran gangs of killing witnesses to their
crimes who cooperate with police or testify in court,
includes provisions for the protection of witnesses' family
members, and will be overseen by the justice sector's
Exceutive Technical Unit.


3. (U) Five constitutional reforms were passed prior to the
2003-2006 Assembly's dissolution at 12:00 midnight prior to
May 1. The two-thirds (56-vote) qualified majority Article
148 heretofore specified as necessary for assumption of
external debt (normally necessary for El Salvador's annual
federal budget) was reduced to a requirement for only a
simple (43-vote) majority, in cases where 60 days of debate
has occurred without passage of a budget. Articles 80, 124,
and 202 were amended to increase from three years to five
years the terms of Legislative Assembly deputies, mayors, and
city council members (and to establish a local residency
requirement for the latter); this will take effect with
officials elected in 2009. Article 24 regarding the
inviolability of communication was amended to allow judges to
issue wiretapping orders in the course of criminal
investigations. Articles 182 and 193 were amended to move
the forensic investigative functions of the Supreme Court's
Institute of Legal Medicine to a newly-created Institute of
Criminal Science under the direction of the Attorney General.
Lastly, following a debate of only 10 minutes, Articles 32,
33, and 34 were amended to define marriage as an institution
involving a man and a woman, effectively banning marriage
between homosexuals.


4. (C) COMMENT: Obtaining the simple majority necessary for
initial passage of the constitutional reforms was much
simpler than the task that lies ahead, since the absence of
support from the Farabundo Marti National Liberation Front
(FMLN) was virtually irrelevant in these first votes.
However, garnering the two-thirds majority necessary for
their further ratification in the newly-installed Assembly
presents a daunting challenge. The loose center-left "G-13"
coalition of the Revolutionary Democratic Front (FDR),
Christian Democratic Party (PDC),and Democratic Change (CD)
that until now assisted ARENA and their PCN allies in
two-thirds majority votes no longer exists, and 32 FMLN
deputies hand-picked by party hardliners for their dependable
obedience to the FMLN's orthodox leadership have just been
seated. ARENA leaders privately express confidence that, as
with the 2003-2006 Assembly, sufficient FMLN deputies can be
recruited and turned to pass legislation requiring a
two-thirds majority. END COMMENT.
Barclay